David Zdenek v. Acme Truck Line, Inc., Benbrook Insurance Agency, Inc., and Edward Veron

Louisiana Court of Appeal

David Zdenek v. Acme Truck Line, Inc., Benbrook Insurance Agency, Inc., and Edward Veron

Louisiana Court of Appeal·Decided December 30, 2020·No. 2020CW1070·Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DAVID ZDENEK NO. 2020 CW 1070

VERSUS

ACME TRUCK LINE, INC., VENBROOK INSURANCE SERVICES, LLC, AND EDWARD VERON DECEMBER 30, 2020

In Re: Acme Truck Line, Inc., Edward Veron and Hudson Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 678507.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The trial court' s October 1, 2020 judgment denying relators Acme Truck Line, Inc., Edward Veron, and Hudson Insurance Company' s motion to transfer for forum non conveniens is reversed and the motion is granted. Pursuant to Louisiana Code of Civil Procedure article 123, for the convenience of the parties and witnesses and in the interest of justice, a court may, upon contradictory motion, transfer a

civil case to another court where it might have been brought. In this case, the trial court abused its discretion by denying the relators' motion to transfer for forum non conveniens. The convenience of the parties and witnesses and the interest of justice would be served by the transferring case to Jefferson Parish. Holland v. Lincoln General Hospital, 2010- 0038 ( La. 10/ 19/ 10), 48 So. 3d 1050. The case is remanded to the trial court, which is instructed to transfer the matter to the Twenty -

Fourth Judicial District Court for the Parish of Jefferson.

JMG PMc

Lanier, J., concurs.

COURT OF APPEAL, FIRST CIRCUIT

wv FOR

CL THE

RK OF

COURT

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STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

DAVID ZDENEK NO. 2020 CW 1070

VERSUS

ACME TRUCK LINE, INC., VENBROOK INSURANCE SERVICES, LLC, AND EDWARD VERON DECEMBER 30, 2020

In Re: Acme Truck Line, Inc., Edward Veron and Hudson Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 678507.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT GRANTED WITH ORDER. The trial court' s October 1, 2020 judgment denying relators Acme Truck Line, Inc., Edward Veron, and Hudson Insurance Company' s motion to transfer for forum non conveniens is reversed and the motion is granted. Pursuant to Louisiana Code of Civil Procedure article 123, for the convenience of the parties and witnesses and in the interest of justice, a court may, upon contradictory motion, transfer a

civil case to another court where it might have been brought. In this case, the trial court abused its discretion by denying the relators' motion to transfer for forum non conveniens. The convenience of the parties and witnesses and the interest of justice would be served by the transferring case to Jefferson Parish. Holland v. Lincoln General Hospital, 2010- 0038 ( La. 10/ 19/ 10), 48 So. 3d 1050. The case is remanded to the trial court, which is instructed to transfer the matter to the Twenty -

Fourth Judicial District Court for the Parish of Jefferson.

JMG PMc

Lanier, J., concurs.

COURT OF APPEAL, FIRST CIRCUIT

wv FOR

CL THE

RK OF

COURT

David Zdenek v. Acme Truck Line, Inc., Benbrook Insurance Agency, Inc., and Edward Veron, (La. Ct. App. 2020).

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David Zdenek v. Acme Truck Line, Inc., Benbrook Insurance Agency, Inc., and Edward Veron (David Zdenek v. Acme Truck Line, Inc., Benbrook Insurance Agency, Inc., and Edward Veron) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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