Crosstex Energy Services, LP, Crosstex LIG, LLC and Crosstex Processing Services, LLC v. Texas Brine Company, LLC

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

2018 CA 1788

CROSSTEX ENERGY SERVICES, LP, CROSSTEX LIG, LLC AND CROSSTEX PROCESSING SERVICES, LLC

VERSUS

TEXAS BRINE COMPANY, LLC, ET AL.

Judgment Rendered: AUG 292019

APPEALED FROM THE 23RD JUDICIAL DISTRICT COURT ASSUMPTION PARISH, LOUISIANA DOCKET NUMBER 34, 202

HONORABLE THOMAS J. KLIEBERT JR., JUDGE

Leopold Z. Sher Attorneys for Third Party Plaintiff/ Appellant, James M. Garner Texas Brine Company, LLC Peter L. Hilbert Jr. Jeffrey D. Kessler David A. Freedman New Orleans, Louisiana and

Robert Ryland Percy III Gonzales, Louisiana and

Travis J. Turner Gonzales, Louisiana and

James E. Kuhn Ponchatoula, Louisiana

Roy C. Cheatwood Attorneys for Third Party Defendant/ Appellee, Kent A. Lambert Vulcan Materials Company Adam B. Zuckerman Paul C. Thibodeaux Colleen C. Jarrott Matthew S. Chester Matthew C. Juneau New Orleans, Louisiana and

Tony M. Clayton Port Allen, Louisiana

BEFORE: McDONALD, THERIOT, and LANIER, JJ. McDONALD, J.

Texas Brine Company, LLC, appeals an August 24, 2017 judgment granting a

declinatory exception of lis pendens filed by Vulcan Materials Company, LLC. The

judgment dismissed " any and all claims, demands, and/ or allegations asserted by

Texas Brine] against [ Vulcan] ... WITHOUT PREJUDICE, in favor of the first -filed set

of claims and demands in related case[,]" without declaring which of the multiple

sinkhole cases was the first -filed suit.

While its appeal was pending, Texas Brine filed an exception of lack of appellate

jurisdiction to dismiss its own appeal based on recent precedent on this same issue.

See Pontchartrain Natural Gas System, et al, v. Texas Brine Company, LLC, 18- 0419

La. App. 1 Cir. 6/ 26/ 19), So. 3d, 2019 WL 2609034, writ denied, stay denied,

19- 01125 ( La. 7/ 17/ 19), So. 3d, 2019 WL 3491637; and Pontchartrain Natural

Gas System, et al, v. Texas Brine Company, LLC, 18- 0435 ( La. App. 1 Cir. 6/ 26/ 19),

So. 3d , 2019 WL 2609142. For the same reasons as those in the Pontchartrain

cases, this court is unable to determine the exact relief granted or denied by the August

24, 2017 judgment, which renders it indefinite and not a final, appealable judgment. In

the absence of a valid final judgment, this court lacks subject matter jurisdiction.

Advanced Leveling & Concrete Solutions v. Lathan Company, Inc., 17- 1250 ( La. App. 1

Cir. 12/ 20/ 18), 268 So. 3d 1044, 1047 ( en banc). Therefore, we grant Texas Brine' s

exception in part, dismissing this appeal. We deny, however, Texas Brine's additional

request that we await a final determination of the entire underlying suit before

assessing costs.

We issue this summary opinion in accordance with Uniform Rules - Courts of

Appeal, Rule 2- 16. 2A( 1), granting Texas Brine' s exception in part and dismissing this

appeal for lack of subject matter jurisdiction. Because we dismiss the appeal for lack of

jurisdiction, we pretermit ruling on all pending motions in this appeal. We assess all

costs of this appeal to Texas Brine Company, LLC.

EXCEPTION GRANTED IN PART; RULINGS ON ALL PENDING MOTIONS PRETERMITTED; APPEAL DISMISSED.