Lashava Ervin and Wayne Carter v. Carol Williams, Superior Transportation Services, LLC; Atlas Financial Holdings, Inc. and Gateway Insurance Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

LASHAVA ERVIN AND WAYNE NO. 2019 CW 1683
CARTER

VERSUS

CAROL WILLIAMS, SUPERIOR
TRANSPORTATION SERVICES,
LLC; ATLAS FINANCIAL
HOLDINGS, INC., AND GATEWAY
MAY 12 2020
INSURANCE COMPANY

In Re: Carol Williams, Superior Transportation Services, LLC,
Atlas Financial Holdings, Inc., and Gateway Insurance
Company, applying for supervisory writs, 19th Judicial
District Court, Parish of East Baton Rouge, No.
682625.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED.

PMC

Holdridge, J., concurs and would deny the writ on the

showing made as no evidence was introduced at the hearing on the
relators' motion to transfer for forum non conveniens. This
action does not preclude the relators from filing and the court
from considering an additional the
motion where, at
hearing,
proper evidence is introduced in support of the motion.

Welch, J., dissents. 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. The convenience of the
parties and witnesses and the interest of justice would be
better served by transferring this case to Lincoln
Parish. Holland v. Lincoln General 2010- 0038 (
Hosp., La.
10/ 19/ 10), 48 Sc. 3d 1050, 1055- 57. I
Accordingly, would grant
the relators' motion to transfer for forum non conveniens and

remand to the trial court for transfer of the case to the Third
Judicial District Court for Lincoln Parish.

COJRT OF APPEAL, FIRST CIRCUIT

Pak
DEPUTY CLERK OF COURT
FOR THE COURT