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

Louisiana Court of Appeal

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

DecidedOctober 10, 2023

Docket2023CW0821

StatusUnknown

This text of Shirley Smith and Amanda Hudson, individually and on behalf of Anthony Ray Smith v. FDF Energy Services, LLC and Wayne Griffith (Shirley Smith and Amanda Hudson, individually and on behalf of Anthony Ray Smith v. FDF Energy Services, LLC and Wayne Griffith) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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Opinion

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.

a.s.D DEPUTY CLERK OF COURT FOR THE COURT

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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.

a.s.D DEPUTY CLERK OF COURT FOR THE COURT

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Shirley Smith and Amanda Hudson, individually and on behalf of Anthony Ray Smith v. FDF Energy Services, LLC and Wayne Griffith, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shirley-smith-and-amanda-hudson-individually-and-on-behalf-of-anthony-ray-lactapp-2023.

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