Kim Butler Kirsh and Corey Kirsh VS FCCI Insurance Company, Mike's Hardware and Building Supply, Inc. and Shae Fitzgerald
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT KIM BUTLER KIRSH AND COREY NO. 2018 KIRSH CW PAGE 1646 1 OF 2 VERSUS FCCI INSURANCE MIKE' S COMPANY, HARDWARE SUPPLY, INC. AND AND BUILDING MAY 2 2 2019 SHAE FITZGERALD In Re: FOCI Insurance Supply, Parish BEFORE: October GRANTED 22, Insurance Rouge 74. 1 2018 Parish for was the Kim Further, forum is the non witnesses in and contradictory court where court parties better See 48 and So. 3d v. instructed District foram to Thus, filed is case transfer for St. interest motion defendants to tort the action as the trial to to the be Parish. 10/ 19/ 10), La. venue tort court, the of would transfer the trial motion Tammany to upon district justice to the and may, case, 2010- 0038 ( Hasp., remanded court St. for action Procedure convenience of to 2018 tort another this The case 22, defendants' denying the by the In filed venue Civil a art. dismissed. parties to case conveniens. this the of the of brought. the and 1055- 57. The Court non Code civil in by transferring Lincoln General conveniens granted. been to Baton P. action transfer as avowal East October s FCCI the is s Inc. & Civ. avowal justice, of a Code Kirsh, defendants convenience have as La. to court' Supply, granted, court' JJ. defendants, to the motion trial as Corey Louisiana discretion for 1050, non to witnesses served Holland forum is venue by transfer might its the interest the motion, it abused transfer filed the is trial the venue under and the denied Pursuant for Kirsh of Building and Therefore, of Court, HOLDRIDGE, denied that venue District AND portion exception for 667702. improper of action. Butler conveniens 123, The proper that reversed. article a portion judgment CRAIN, Hardware the and avowal by plaintiffs, s exception not WELCH, judgment Mike' reversed No. Building and applying Judicial Rouge, ORDER. signed Company, is signed McCLENDON, WITH Fitzgerald, action Baton Hardware Fitzgerald, 19th writs, East McDONALD, WRIT Shae of Shae and supervisory Mike' s Company, Inc. for action is which 22.' d Judicial Tammany Parish. JMM WJC Welch part. is We and concur improper majority' s Court motion has to Holdridge, and to that transfer held the extent action of that "[ transfer JJ., based the that is in venue part for dismissed. tort albsent on concur action, non the dissent avowal However, the extraordinary forum and as Louisiana in action to the Supreme circumstances, conveniens will not be granted if the distance between the two possible a generally fora is STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 10/ 19/ 10), La. between that St. 48 court transfer Parish Therefore, dissent and the tort 1050, action 1055. East and find no we to as based CW PAGE 2 2 OF 2010- 0038 Hosp., find We 1546 distance the Rouge abuse of discretion by the grant forum non of Parish fit Baton the on 2018 General Lincoln v. So. 3d Tammany criteria. trial Holland small." relatively NO. the to to motion convenzens and would deny that motion. McClendon, would signed foram St. reverse J., the judgment non La. COURT OF portion 19/ 10), APPEAL, DEPUTY FOR CL RK THE and See Parish. 10/ 48 FIRST OF in part the the Holland CIRCUIT court' s motion v. 1050, the dissents and trial transfer So. 3d COURT COURT of denied that conveniens Tammany 0038 ( concurs to October transfer entirety of Lincoln General 1055- 57. in I part. 22, 2018 based this Hosp., case an to 2010-
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