Orin Lee O'Quinn Sr. v. Nexion Health at New Iberia South - Venue Reversed, Affidavit Rejected
Summary
The Louisiana Court of Appeal, First Circuit granted a supervisory writ reversing the district court's December 15, 2025 judgment that had granted defendant's declinatory exception of improper venue and motion to transfer for forum non conveniens. The appellate court also reversed the district court's ruling admitting an affidavit from Ryan Mitchell, finding that sworn affidavits constitute hearsay and are not competent evidence absent statutory authorization.
What changed
The Louisiana Court of Appeal granted a supervisory writ reversing two district court rulings. First, the court reversed the grant of defendant's declinatory exception of improper venue, finding the district court abused its discretion. Second, the court reversed the admission of Ryan Mitchell's affidavit, holding that a sworn affidavit constitutes hearsay and is not competent evidence unless its use is specifically authorized by statute. Without admissible evidence to establish defendant's principal business establishment, the address in the last annual report filed with the Louisiana Secretary of State (East Baton Rouge Parish) controls. Additionally, defendant failed to meet its burden of proving that the convenience of parties and interests of justice merited changing venue from East Baton Rouge to Iberia Parish.
For the parties, this ruling means the case will proceed in East Baton Rouge Parish rather than being transferred to Iberia Parish. For legal professionals, the decision reinforces that affidavits are generally inadmissible hearsay in Louisiana civil proceedings absent specific statutory authorization, and that courts cannot rely on evidence outside the Secretary of State filings when determining venue without admissible supporting evidence.
What to do next
- Monitor for updates
- Await remand proceedings in East Baton Rouge Parish
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April 9, 2026 Get Citation Alerts Download PDF Add Note
Orin Lee O&39;Quinn, Sr. v. Nexion Health at New Iberia South, Inc. and Nakiya S. Pryor
Louisiana Court of Appeal
- Citations: None known
- Docket Number: 2025 CW 1360
Precedential Status: Unknown Status
Combined Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
ORIN LEE O'QUINN, SR. NO. 2025 CW 1360
VERSUS
NEXION HEALTH AT NEW IBERIA APRIL 9, 2026
SOUTH, INC. AND NAKIYA S.
PRYOR
In Re: Orin Lee O'Quinn, Sr., applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 764155.
BEFORE: THERIOT, HESTER, GREENE, BALFOUR, AND HAGGERTY,! JJ.
WRIT GRANTED. The district court’s December 15, 2025 judgment
which granted defendant’s declinatory exception of improper venue
and motion to transfer for forum non conveniens is reversed. The
district court abused its discretion in admitting the affidavit of
Ryan Mitchell into evidence, and that ruling is reversed. A sworn
affidavit is hearsay and is not competent evidence unless its use
is specifically authorized by statute. Michael F. Smith, CPA v.
Alford, 2004-0586 (La. App. list Cir. 3/24/05), 906 So.2a 674,
676. Accordingly, even if the district court could consider
evidence outside of the filings with the Louisiana secretary of
State as to the principal business establishment of defendant,
there was no admissible evidence to establish an address other
than that contained in the last annual report filed by defendant,
which provided an address in East Baton Rouge Parish. In addition,
defendant failed to meet its burden of proving that the convenience
of the parties and interests of justice merit changing venue from
East Baton Rouge Parish to Iberia Parish. Nat'l Linen Serv. v.
City of Monroe, 39,199 (La. App. 2 Cir. 12/15/04), 889 So. 2d 1186,
1190.
CHH
HG
KEB
BDH
Theriot, J., concurs in part and dissents in part. I concur
with the reversal of the grant of the exception of improper venue,
but I dissent and would deny the portion of the writ seeking review
of the grant of the motion to transfer for forum non conveniens.
FOR THE COURT
‘Haggerty, J., serving pro tempore, by special appointment of the Louisiana
Supreme Court.
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Source document text, dates, docket IDs, and authority are extracted directly from La. Ct. App. 1st Cir..
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