Opinion
NO. 2017 CW 1696
04-30-2018
LETTY POCHE v. NATIONAL UNION FIRE INSURANCE COMPANY, FIRST STUDENT, INC., AND SAMANTHA WICKEM
In Re: National Union Fire Insurance Company, First Student, Inc., and Samantha Wickem, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 660100. BEFORE: McCLENDON, WELCH AND THERIOT, JJ.
WRIT GRANTED WITH ORDER. The trial court's November 9, 2017 ruling that denied the Motion to Transfer Based on Forum Non Conveniens filed by defendants, Samantha Wickem, First Student, Inc., and National Union Fire Insurance Company, is reversed. Under Louisiana Code of Civil Procedure Article 123, for the convenience of the parties and the witnesses and in the interest of justice, a court may, upon contradictory motion, transfer a civil case to another district court where it might have been brought. In this case, the trial court abused its discretion in denying defendants' Motion to Transfer Based on Forum Non Conveniens. The convenience of the parties and witnesses and the interest of justice would be better served by transferring this case to Jefferson Parish. See Doe v. Southern Gyms, 2012-0449 (La. 5/4/12), 89 So.3d 1157, 1157. (per curiam; Holland v. Lincoln General Hosp., 2010-0038 (La. 10/19/10), 48 So.3d 1050, 1055-57. Thus, the Motion to Transfer Based on Forum Non Conveniens filed by defendants is granted. The case is remanded to the trial court, which is instructed to transfer the proceeding to the 24th Judicial District Court for Jefferson Parish.
PMc
JEW
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT