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A Louisiana court has sided with Sofia Vergara in the latest development in an ongoing legal battle with ex-fiancé Nick Loeb over custody rights for frozen pre-embryos.
Last Wednesday, January 27, the Louisiana Fourth Circuit Court of Appeals ruled Modern family in favor of the actress, confirming the dismissal of a lawsuit seeking custody of the pre-embryos. The court also overturned the lower court order that sealed the discovery of the case, unsealing related documents to the public, according to court documents obtained by PEOPLE.
Vergara, 48, and Loeb, 45, ended their engagement in May 2014. The actress, who has an adult son named Manolo, married Joe Manganiello in November 2015.
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In 2017, Vergara filed legal documents in California in hopes of preventing Loeb from being able to use, without his written consent, the frozen pre-embryos they created by IVF at the ART Reproductive Center in Beverly Hills while they were still together in 2013. This case is still pending, according to court documents.
Loeb’s original case of trying to gain full custody of viable pre-embryos in order to bring them to term was dismissed before that, he continued his attempt in Louisiana court – which has now been dismissed.
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The court ruled that Loeb “is not domiciled, has no residence and does not intend to be domiciled or resident in any parish in the state of Louisiana” and charged the team de Loeb of “forum shopping” to find a court they hoped would be favorable to their case, even if it was not the appropriate court.
“Further, on the basis of all the facts established by the deposition evidence, exhibits, affidavits and allegations contained in the appellant’s petition and the first amended complaint, it is clear that Mr. Loeb has openly engaged in forum shopping when he chose, together with a member of the bar … Plaquemines Parish to file the instant trial, knowingly that it was an inappropriate place ”, reads- one in court documents. “Their behavior discredits and mocks the Louisiana legal system and bar and is heinous.”
A representative for Vergara made no comment when contacted by PEOPLE. An attorney for Loeb told PEOPLE, “We are going to appeal to the Louisiana Supreme Court.”
Originally published
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