Christian D. Chesson, PLC. v. Logan Ryan Gandy ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
CHRISTIAN D. CHESSON, PLC., NO. 2023 CW 0818
ET AL
VERSUS
LOGAN RYAN GANDY, ET AL OCTOBER 31, 2023
In Re: Erin N. Abrams, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 723610.
BEFORE: GUIDRY, C. J. , WELCH, CHUTZ, WOLFE AND GREENE, JJ.
WRIT GRANTED WITH ORDER. The trial court's August 16, 2023
judgment that denied the motion to transfer for forum non
conveniens filed by defendant is reversed. Pursuant to
Louisiana Code of Civil Procedure article 12 3, 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 defendant's 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
Calcasieu Parish. See Bol.l.and v. Lincol.n 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 defendant, Erin
Abrams, is granted. The case is remanded to the trial court,
which is instructed to transfer the matter to the 14th Judicial
District Court for Calcasieu Parish.
JMG
JEW
WRC
EW
Greene, J., dissents and would deny the writ. East Baton
Rouge Parish is a proper venue for this litigation. See La.
R.S. 13:5104(A). Where proper venue lies in more than one
parish, "plaintiffs may choose any venue available." Holland v.
Lincol.n General. Hosp., 2010-0038 (La. 10/19/10), 48 So.3d 1050,
1055. The plaintiff's initial choice of forum is entitled to
deference, and the burden is on the party seeking a transfer to
show why the motion should be granted. Id. La. Code Civ. P.
art. 123 is discretionary. Under the facts as set forth, I find
defendants failed to establish that East Baton Rouge Parish is
inconvenient.
COURT OF APPEAL, FIRST CIRCUIT
OF COURT
FOR THE COURT