Liwanda Young v. Admiral Insurance Company, Favrot & Shane Companies, Inc., 1st Lake Properties, Inc. and Oak Creek Apartments, LLC

COURT OF APPEAL, FIRST CIRCUIT

LIWANDA YOUNG NO. 2024 CW 0661

VERSUS

ADMIRAL INSURANCE COMPANY,
FAVROT & SHANE COMPANIES,
INC., 1ST LAKE PROPERTIES, DECEMBER 3, 2024
INC. AND OAK CREEK
APARTMENTS, LLC

In Re: 1st Lake Properties, Inc., Favrot & Shane Companies,
Inc., and Oak Creek Apartments, LLC, applying for
supervisory writs, 19th Judicial District Court, Parish
of East Baton Rouge, No. 743897.

BEFORE: GUIDRY, C. J., PENZATO AND STROMBERG, JJ.

WRIT GRANTED WITH ORDER. The trial court' s July 18, 2024
judgment that denied the motion to transfer for forum non

conveniens filed by defendants is reversed. Pursuant to 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 for 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 Holland
v.
Lincoln General Hosp., 2010- 0038 ( La. 10/ 19/ 10), 48 So. 3d 1050,
1055- 57. Thus, the motion to transfer for forum non conveniens
filed by defendants, 1st Lake Properties, Inc., Favrot & Shane
Companies, Inc., and Oak Creek Apartments, LLC, is granted. The
case is remanded to the trial court, which is instructed to
transfer the matter to the 24th Judicial District Court for
Jefferson Parish.

COURT OF APPEAL, FIRST CIRCUIT

L,u
DEPUTY CLERK OF COURT
FOR THE COURT