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Osvin Morales-Martinez v. Jovan Lymuel, Intrastate Trucking, LLC, et al.
Date: 01-17-2025
Case Number: 24-C-591
Judge: Ellen Shirer Kovach
Court: Twenty-Fourth Judicial District Court, Jefferson Parish, Louisiana
Plaintiff's Attorney:
Click Here For The Best Metairie Personal Injury Lawyer Directory
Defendant's Attorney: Not Available
Description:
Metairie, Louisiana personal injury truck wreck lawyer represented the Plaintiff on an auto negligence theory.
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).
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.
* * *
Legal issue Can a court require a plaintiff to provide security for costs in a civil case, and is the court's discretion broad in determining the necessity and amount for such security?
Headnote
CIVIL PROCEDURE. SECURITY FOR COSTS. The case involves a supervisory review of a judgment requiring the plaintiff to provide security for costs in the amount of $26,000, pursuant to La. R.S. 13:4522, with the appellate court finding no abuse of discretion by the trial court in setting or requiring such security.
Key Phrases Automobile accident. Supervisory review. Motion to Set Security for Costs. Broad discretion. Security for the cost.
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).
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.
* * *
Legal issue Can a court require a plaintiff to provide security for costs in a civil case, and is the court's discretion broad in determining the necessity and amount for such security?
Headnote
CIVIL PROCEDURE. SECURITY FOR COSTS. The case involves a supervisory review of a judgment requiring the plaintiff to provide security for costs in the amount of $26,000, pursuant to La. R.S. 13:4522, with the appellate court finding no abuse of discretion by the trial court in setting or requiring such security.
Key Phrases Automobile accident. Supervisory review. Motion to Set Security for Costs. Broad discretion. Security for the cost.
Outcome:
Writ denied.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Osvin Morales-Martinez v. Jovan Lymuel, Intrastate Trucki...?
The outcome was: Writ denied.
Which court heard Osvin Morales-Martinez v. Jovan Lymuel, Intrastate Trucki...?
This case was heard in Twenty-Fourth Judicial District Court, Jefferson Parish, Louisiana, LA. The presiding judge was Ellen Shirer Kovach.
Who were the attorneys in Osvin Morales-Martinez v. Jovan Lymuel, Intrastate Trucki...?
Plaintiff's attorney: Click Here For The Best Metairie Personal Injury Lawyer Directory. Defendant's attorney: Not Available.
When was Osvin Morales-Martinez v. Jovan Lymuel, Intrastate Trucki... decided?
This case was decided on January 17, 2025.