Anthony J. Beslin v. Anadarko Petroleum Corp.

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

CA 13-31

ANTHONY J. BESLIN

VERSUS

ANADARKO PETROLEUM CORPORATION, ET AL.

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APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OFACADIA, NO. 84,457 HONORABLE GLENNON P. EVERETT, DISTRICT JUDGE

JIMMIE C. PETERS JUDGE

Court composed of Jimmie C. Peters, Billy H. Ezell, and J. David Painter, Judges.

APPEAL DISMISSED. APPELLANT IS PERMITTED TO FILE AN APPLICATION FOR SUPERVISORY WRITS.

Dan Boudreaux Keith R. Giardina Law Offices 9100 Bluebonnet Center Boulevard, Suite 300 Baton Rouge, LA 70809 (225) 293-7272 COUNSEL FOR APPELLANT/INTERVENOR: Liberty Mutual Insurance Company Bennett Boyd Anderson, Jr. Keith P. Saltzman Anderson & Dozier Post Office Box 82008 Lafayette, LA 70502 (337) 233-3366 COUNSEL FOR PLAINTIFF/APPELLEE: Anthony J. Beslin

Christopher S. Mann Lance M. Sannino Ian Alexander Macdonald Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P. 201 St. Charles Avenue, 47th Floor New Orleans, LA 70170-5100 (504) 582-8000 COUNSEL FOR DEFENDANTS/APPELLEES: Van S. Spinks Grey Wolf Drilling Company, L.P. Grey Wolf Holdings Company

Deborah DeRoche Kuchler Leigh Ann T. Schell Kuchler, Polk, Schell, Weiner & Richeson, L.L.C. 1615 Poydras Street, #1300 New Orleans, LA 70112 (504) 592-0691 COUNSEL FOR DEFENDANT/APPELLEE: Anadarko Petroleum Corporation

Robert Clotsworthy Christopher M. Hannah Baker, Donelson, Bearman, Caldwell & Berkowitz 201 St. Charles Avenue, Suite 3600 New Orleans, LA 70170 (504) 566-5200 COUNSEL FOR DEFENDANTS/APPELLEES: Certain Underwriters at Lloyd’s, London Certain London Market Insurance Companies PETERS, Judge.

This court issued a rule for the Appellant, Liberty Mutual Insurance

Company (Liberty Mutual), to show cause, by brief only, why the instant appeal

should not be dismissed as having been taken from a non-appealable, interlocutory

ruling. After considering Liberty Mutual’s response wherein it acknowledges that

the trial court’s ruling is an interlocutory ruling, we dismiss the appeal for the

reasons assigned below.

The plaintiff in this litigation, Anthony Beslin, filed suit against Grey Wolf

Drilling Company, L.P., and other defendants to recover damages he suffered as a

result of an on-the-job accident. Liberty Mutual intervened in the suit, seeking

reimbursement for the workers’ compensation benefits it had paid to and/on behalf

of Mr. Beslin. In the course of these proceedings, the defendants filed a motion

seeking to amend their answer to Liberty Mutual’s intervention. Following a

hearing, the trial court granted the motion for leave to amend and ordered the

amended answer filed as of the date of the trial court’s ruling. The trial court

executed a written judgment to this effect on September 10, 2012, and notice of

judgment was mailed on September 17, 2012. Liberty Mutual filed a motion and

order for appeal on October 1, 2012, and the record in this appeal was lodged on

October 10, 2012.

The trial court’s ruling granting the motion to amend the answer to the

petition of intervention and ordering the amended answer filed does not decide the

merits of this case and is interlocutory. La.Code Civ.P. art. 1841. Therefore, we

dismiss the instant appeal. Liberty Mutual is hereby permitted to file a proper

application for writs in compliance with Uniform Rules─Courts of Appeal, Rule 4,

no later than March 8, 2013. Liberty Mutual is not required to file a notice of intent to seek writs nor obtain an order setting a return date pursuant to Uniform

Rules─Courts of Appeal, Rule 4-3.

APPEAL DISMISSED. APPELLANT IS PERMITTED TO FILE AN APPLICATION FOR SUPERVISORY WRITS.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION. Rule 2-16.3 Uniform Rules, Court of Appeal.