Not Error To Reinstate Claims Previously Dismissed Based On Forum Non Conveniens
SIVIRINO CARREON, BULIG-BULIG KITA KAMAGANAK ASSOCIATION,RENATO ASISTORGA, PEDRO B. SORIMA, ARNEL N. GALANG, ELSA MONTIAGODO, ERASTOMAGHACUT, ISABEL MAGNO, LORITA ACOSTA, ACEBEDO VIOLETA, SABULAO FAIYAZ, JULIETABENASO, ESCOLASTICA BALDO, JOSE BAGUHIN VERSUS CAL-TEX PHILIPPINES, INC.,CAL-TEX PETROLEUM, CORP., CAL-TEX ASIA, LTD., CAL-TEX OIL CORP., CALIFORNIATEXAS OIL CORP., CAL- TEX PHILIPPINES PETROLEUM COMPANY, INC., CAL--TEX TRADINGAND TRANSPORT CORP., STEAMSHIP MUTUAL, ET AL.
NO. 2004-CA-0809
COURT OF APPEAL OF LOUISIANA, FOURTH CIRCUIT
2004-0809 (La.App. 4 Cir. 03/23/05);
2005 La. App. LEXIS 1010
March 23, 2005, Decided
PROCEDURAL POSTURE: After two vessels collided off of the coast of the Philippines, appellee petitioners brought a suit in the Civil District Court, Orleans Parish, Division "G-11" (Louisiana). The court initially conditionally dismissed the suit based on forum non conveniens pursuant to La. Code Civ. Proc. Ann. art. 123, but the court subsequently reinstated the suit because no foreign forum would provide an adequate remedy. Appellant ship owner appealed.
OVERVIEW: The issue was whether the district court erred in reinstating the claim. The ship owner argued, inter alia, that the petitioners sabotaged their own motion to intervene in the Manila court by failing to provide support for the motion and failing to advise the Manila court of the previous dismissal in Catabalogan. The appellate court found that the record reflected that the petitioners accurately filed their motion in accordance with the appropriate law and that there was no harm in the petitioner's efforts to seek another forum to litigate. The record did not reveal any wrongdoing or ill filings on the part of the petitioners that warranted the label of "sabotage" or deceit. Twice the district court ordered the conditional dismissal of the case. The petitioners complied with the order of the district court by filing their claims in Manila and Catabalogan. Each judgment provided for the reinstatement of the case in the Civil District Court for the Parish of Orleans should the Philippine courts choose not to accept jurisdiction. The district court had not abused its discretion by reinstating the claims, especially when it clearly rendered its judgments with that possibility in mind.
OUTCOME: The judgment of the trial court reinstating the claims of the petitioners was affirmed.
