Opinion
NO. 2017 CW 0279
04-18-2017
In Re: Jessica LaGreco Brousse, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2016-13797. BEFORE: PETTIGREW, McDONALD AND PENZATO, JJ.
WRIT GRANTED WITH ORDER. The district court's judgment which transferred this case to the 25th Judicial District Court, Parish of Plaquemines, based on forum non conveniens is vacated. La. Code Civ. P. art. 74.2(E) provides that, for the convenience of the parties and the witnesses and in the interest of justice, a court, upon its own motion after notice and hearing, may transfer the custody or support proceeding to another court where the proceeding might have been brought. However, it does not appear that the parties herein were given notice of the court's own motion prior to the hearing. Accordingly, this matter is remanded to the district court with instructions to properly notice a hearing on the court's motion pursuant to this provision in order to provide the parties herein the opportunity to present evidence to the court on this issue prior to a ruling by the court.
AHP
JTP
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT