STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT LASHAVA ERVIN AND WAYNE NO. 2019 CW 1683 CARTER

VERSUS

CAROL WILLIAMS, SUPERIOR TRANSPORTATION SERVICES, LLC; ATLAS FINANCIAL HOLDINGS, INC., AND GATEWAY MAY 12 2020 INSURANCE COMPANY

In Re: Carol Williams, Superior Transportation Services, LLC, Atlas Financial Holdings, Inc., and Gateway Insurance Company, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 682625.

BEFORE: McCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED.

PMC

Holdridge, J., concurs and would deny the writ on the showing made as no evidence was introduced at the hearing on the relators' motion to transfer for forum non conveniens. This action does not preclude the relators from filing and the court from considering an additional the motion where, at hearing, proper evidence is introduced in support of the motion.

Welch, J., dissents. Under Louisiana Code of Civil Procedure Article 123, for the convenience of the parties and the witnesses and in the interest of justice, a court may, upon contradictory motion, transfer a civil case to another district court where it might have been brought. The convenience of the parties and witnesses and the interest of justice would be better served by transferring this case to Lincoln Parish. Holland v. Lincoln General 2010- 0038 ( Hosp., La. 10/ 19/ 10), 48 Sc. 3d 1050, 1055- 57. I Accordingly, would grant the relators' motion to transfer for forum non conveniens and remand to the trial court for transfer of the case to the Third Judicial District Court for Lincoln Parish.

COJRT OF APPEAL, FIRST CIRCUIT

Pak DEPUTY CLERK OF COURT FOR THE COURT