Shirley Smith and Amanda Hudson, individually and on behalf of Anthony Ray Smith v. FDF Energy Services, LLC and Wayne Griffith ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
SHIRLEY SMITH AND AMANDA HUDSON, NO. 2023 CW 0821
INDIVIDUALLY AND ON BEHALF OF
ANTHONY RAY SMITH, DECEASED
VERSUS
FDF ENERGY SERVICES, LLC AND OCTOBER 10, 2023
WAYNE GRIFFITH
In Re: FDF Energy Services, LLC and Wayne Griffith, applying
for supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 716824.
BEFORE: McCLENDON, HESTER, AND MILLER, JJ.
WRIT DENIED.
CHH
SMM
Mcclendon, J., dissents and would grant the writ
application. The February 25, 2023 judgment that granted the
defendants', FDF Energy Services, LLC and Wayne Griffith, motion
to transfer the underlying suit to DeSoto Parish based on forum
non conveniens is an interlocutory ruling. See Addington v.
McGehee, 29,792 ( La. App. 2nd Cir. 8/20/97), 698 So.2d 702, 704.
The plaintiffs' recourse, at that time, would have been to apply
for a writ of supervisory review of that ruling. Llopis v.
State, 2016-0041 ( La. App. 4th Cir. 12/14/16), 206 So.3d 1066,
1070. The motion for new trial was erroneously considered and
granted by the trial court given that no procedure exists for
applying for a new trial following an interlocutory ruling. Id.COURT OF APPEAL, FIRST CIRCUIT
a.s.D
DEPUTY CLERK OF COURT
FOR THE COURT