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

• Court: Louisiana Court of Appeal
• Decided: January 17, 2025
• Docket: 24-C-591
• Status: Unknown

Opinion

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