Opinion
NO. 2018 CW 1658
04-05-2019
TERRY F. DUFRENE, JR. v. PHILIPPE ORZIL, ORZIL TRUCKING, LLC, SPIRIT COMMERCIAL AUTO RISK RENTENTION GROUP, INC. AND STATE FARM FIRE AND CASUALTY COMPANY (UNINSURED/UNDERINSURED)
In Re: Terry F. Dufrene, Jr., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 665420. BEFORE: WHIPPLE, C. J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT GRANTED WITH ORDER. The portion of the trial court's October 18, 2018 judgment that sua sponte transferred this matter to St. Tammany Parish is vacated. The trial court did not provide the parties with sufficient notice of a contradictory hearing on the court's motion. See La. Code Civ. P. art. 123. Therefore, the portion of the trial court's judgment transferring this case is vacated, and this matter is remanded to the trial court with instructions to set this matter for hearing with proper notice.
VGW
PMc
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT