Osvin Morales-Martinez Versus Jovan Lymuel, Intrastate Trucking, LLC, Landrieu Concrete and Cement Industries, LLC, Rhl Investments, LLC, and Zurich American Insurance Company

OSVIN MORALES-MARTINEZ NO. 24-C-591

VERSUS FIFTH CIRCUIT

JOVAN LYMUEL, INTRASTATE TRUCKING, COURT OF APPEAL
LLC, LANDRIEU CONCRETE AND CEMENT
INDUSTRIES, LLC, RHL INVESTMENTS, LLC, STATE OF LOUISIANA
AND ZURICH AMERICAN INSURANCE
COMPANY

January 17, 2025

Linda Wiseman
First Deputy Clerk

IN RE OSVIN MORALES-MARTINEZ

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE ELLEN SHIRER
KOVACH, DIVISION "K", NUMBER 856-709

Panel composed of Judges Susan M. Chehardy,
Marc E. Johnson, and Timothy S. Marcel

WRIT DENIED

In this case arising from an automobile accident, plaintiff Osvin Morales-
Martinez seeks supervisory review of a November 8, 2024 judgment of the trial
court granting a Motion to Set Security for Costs filed by defendants Jovan
Lymuel, Intrastate Trucking, LLC, Landrieu Concrete and Cement Industries,
LLC, RLH Investments, LLC, and Zurich American Insurance Company, and
ordering Mr. Morales-Martinez to give security in the amount of $26,000.00
within thirty days of the judgment.

La. R.S. 13:4522 provides that a defendant before pleading in all cases
may by motion demand and require the plaintiff to give security for the cost in
such case, and on failure to do so within the time fixed by the court such suit
shall be dismissed without prejudice.

It is well established that the trial court has broad discretion in
determining both the necessity for and the amount of security for costs. Gunn v.
Robertson, 02-831 (La. App. 5 Cir. 12/30/02), 836 So.2d 643, 645; Carter v.
Phillips, 337 So.2d 187, 189 (La. 1976); Whitson v. Am. Ice Co., 164 La. 283,
289; 113 So. 849, 851 (La. 1927).

24-C-591 1

On the showing made, we find no abuse of the trial court’s broad
discretion in granting defendant’s motion and ordering plaintiff to give security
in the amount of $26,000.00. This writ is denied.

Gretna, Louisiana, this 17th day of January, 2025.

TSM
SMC
MEJ

2
24-C-591

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 01/17/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-C-591
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Ellen Shirer Kovach (DISTRICT JUDGE)
William Peter Connick (Respondent) Matthew D. Moghis (Respondent)
Michael S. Futrell (Respondent) Joshua K. Vanderhooft (Respondent)

MAILED
Ivan A. Orihuela (Relator)
Attorney at Law
3213 Florida Avenue
Suite C
Kenner, LA 70065