Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC

Opinion

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

NUMBER 2018 CA 1778

FLORIDA GAS TRANSMISSION COMPANY, LLC

VERSUS

TEXAS BRINE COMPANY, LLC, ET AL.

Judgment Rendered: DEC 2 7 2019

Appealed from the Twenty- third Judicial District Court In and for the Parish of Assumption State of Louisiana Suit Number 34, 316

Honorable Thomas J. Kliebert, Jr., Presiding

Leopold Z. Sher Counsel for Appellant/Defendant/ James M. Garner Third -party Plaintiff Peter L. Hilbert, Jr. Texas Brine Company, LLC Jeffrey D. Kessler David A. Freedman New Orleans, LA

Robert Ryland Percy, III Gonzales, LA

James E. Kuhn Ponchatoula, LA

Travis J. Turner Gonzales, LA

Dane S. Ciolino Metairie, LA

Joseph L. Shea, Jr. Counsel for Appellee/Third-party Defendant Katherine Smith Baker Reliance Petroleum Corporation Joshua S. Chevallier Ashley G. Gable Shreveport, LA Matthew J. Randazzo, III Counsel for Appellees/ Third-party Defendants Christopher B. Bailey LORCA Corporation and Colorado Crude Will Montz Company Lafayette, LA

Frank H. Spruiell, Jr. Counsel for Appellee/ Third-party Defendant Reid A. Jones Sol Kirschner Seth M. Moyers Shreveport, LA

Martin A. Stern Counsel for Appellees/ Defendants/ Third-party Leigh Ann Schell Defendants Raymond P. Ward Occidental Chemical Corporation, Occidental Sara C. Valentine Petroleum Corporation, Basic Chemicals New Orleans, LA Company, LLC, and Occidental VCM, LLC

Kathy Patrick Angus J. Dodson Laura J. Kissel Houston, TX

Sidney W. Degan, III Counsel for Appellee/Third-party Defendant Julia A. Dietz Chicago Insurance Company Wade B. Hammett Matthew F. Morgan New Orleans, LA

BEFORE: GUIDRY, McDONALD, AND PENZATO, JJ.

2 GUIDRY, J.

Texas Brine Company, LLC, the operator of a brine production well known as

Oxy Geismer #3 ( OG3 well) in Assumption Parish, appeals from a September 20, 2017

judgment granting partial summary judgment in favor of LORCA Corporation,

Colorado Crude Company, Sol Kirschner, Reliance Petroleum Corporation, and its

insurer, Chicago Insurance Company, the non -operators of the nearby Adams Hooker

41 oil and gas well ( AH1 well), and dismissing Texas Brine' s third -party contract

claims against them. This court previously affirmed the dismissal of Texas Brine' s

third -party tort claims, including indemnity and contribution claims, against the non -

operators of the AH1 well in Florida Gas Transmission Company, LLC v. Texas Brine

Company, LLC, 18- 0549 (La. App. 1st Cir. 7/ 1/ 19), 2019WL2723560, writ denied, 19-

01227 ( La. 10/ 15/ 19), 280 So. 3d 611 ( unpublished opinion).'

In Crosstex Energy Services, LP V. Texas Brine Company, LLC, 18- 1213 ( La.

App. 1st Cir. 7/ 11/ 19), 2019WL3049762 (unpublished opinion), writ denied, 19- 01126

La. 7/ 17/ 19), 277 So. 3d 1180, another panel of this court decided an identical appeal

concerning the dismissal of Texas Brine' s third -party contract claims against the AHI

well non -operators. Although Crosstex involves a different pipeline plaintiff than in

the case sub judice, the Crosstex summary judgment dismissed the same Texas Brine

third -party contract demands against the AH 1 well non -operators that Texas Brine now

challenges in this appeal. 2

After a thorough review of the record, we find no material distinctions between

the evidence and arguments asserted in this appeal and in Crosstex, which we are bound

In its brief to this court, Texas Brine again assigns as error the dismissal of its third -party tort claims against the AHI well non -operators. However, because this issue has been previously addressed and affirmed by this court, we will not reconsider it in this appeal.

2 In Crosstex, this court affirmed the dismissals of all but one non -operator, Colorado Crude Company, because the record in that particular case did not show that Colorado Crude had moved for summary judgment on Texas Brine' s breach of contract claims. Crosstex, 2019WL3049762 at * 5. In the case before us, however, pursuant to district court order, the appellate record was supplemented on August 27, 2019, with Colorado Crude' s joinder in Browning Oil Company, Inc. and LORCA Corporation' s motion for partial summary judgment regarding Texas Brine' s breach of contract claims. 3 to follow as the law of this circuit. See Pontchartrain Natural Gas System v. Texas

Brine Company, LLC, 18- 0001 ( La. App. 1st Cir. 6/ 4/ 18), 253 So. 3d 156, writ denied,

18- 1124 ( La. 9/ 28/ 18), 253 So. 3d 147. Thus, we affirm the district court' s September

20, 2017 judgment dismissing Texas Brine' s third -party contract claims against

LORCA Corporation, Colorado Crude Company, Sol Kirschner, Reliance Petroleum

Corporation, and Chicago Insurance Company. We issue this summary disposition in

accordance with Uniform Rules— Courts of Appeal, Rule 2- 16. 2( A)(2) and ( 6), and we

assess all costs of this appeal to Texas Brine Company, LLC. Further, we grant

Colorado Crude Company' s pending motion to file a supplemental brief.

PENDING MOTION TO FILE SUPPLEMENTAL BRIEF GRANTED;

JUDGMENT AFFIRMED.

Cl