Opinion
NO. 2018 CW 1557
02-08-2019
STEVEN EDWARDS AND SALLY EDWARDS v. STACEY CLAYTON, LOWE'S HOME CENTERS, LLC AND NATIONAL UNION FIRE INSURANCE COMPANY
In Re: Stacey Clayton, Lowe's Home Centers, LLC and National Union Fire Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 664655. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT GRANTED. The plaintiffs' initial choice of forum is entitled to deference, and the burden is on the party seeking to transfer to show why the motion should be granted. Holland v. Lincoln General Hosp., 2010-0038 (La. 10/19/10), 48 So.3d 1050, 1055. Plaintiffs have failed to meet their burden of proof to show that transferring this case to the 12th Judicial District Court based on forum non conveniens is warranted. Accordingly, we reverse the district court's October 22, 2018, judgment that granted the Motion to Transfer Venue filed by Steven Edwards and Sally Edwards, and we deny the Motion to Transfer Venue.
TMH
VGW
PMc
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT