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

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

NO. 2018 CA 1215

FLORIDA GAS TRANSMISSION COMPANY, LLC

VERSUS

TEXAS BRINE COMPANY, LLC, ET AL.

Judgment Rendered: SSE.P 2 7 2019

On Appeal from The 23rd Judicial District Court, Parish of Assumption, State of Louisiana Trial Court No. 34316 I L, The Honorable Thomas J. Kliebert Jr., Judge Presiding

Leopold Z. Sher Attorneys for Appellant/Defendant, James M. Garner Texas Brine Company, LLC Peter L. Hilbert Jr.

Jeffrey D. Kessler New Orleans, Louisiana

Robert Ryland Percy III Gonzales, Louisiana

Travis J. Turner Gonzales, Louisiana

Mary S. Johnson Attorneys for Appellees/ Third-Party Mandeville, Louisiana Defendants,

AIG Specialty Insurance Company, Chad J. Mollere New Hampshire Insurance Company, Nichole M. Gray and National Union Fire Insurance New Orleans, Louisiana Company of Pittsburgh, PA

BEFORE: GUIDRY, McDONALD, AND CRAIN, JJ. CRAIN, J.

Texas Brine Company, LLC, appeals a January 31, 2018 judgment granting

declinatory exceptions of lis pendens filed by AIG Specialty Insurance Company,

National Union Fire Insurance Company of Pittsburgh, PA, and New Hampshire

Insurance Company ( collectively, Oxy Insurers), as alleged insurers of Occidental

Chemical Corporation, Occidental Petroleum Corporation, and/ or Oxy USA, Inc.

The judgment dismissed Texas Brine' s claims against the Oxy Insurers without

prejudice " in favor of the first -filed set of claims and demands pending in ...

Gustave J. LaBarre, Jr., et al. versus Occidental Chemical Company, et al.,

Docket No. 33, 796, 23rd Judicial District Court, Parish of Assumption, State of

Louisiana."

The arguments presented by Texas Brine herein were addressed in a related

appeal decided by this circuit, Crosstex Energy Services, LP v. Texas Brine

Company, LLC, 18- 1323 ( La. App. 1 Cir. 8/ 8/ 19), So. 3d

2019WL3757601), which affirmed a similar judgment granting declinatory

exceptions of lis pendens filed by the Oxy Insurers. Following Crosstex Energy

Services, we affirm the January 31, 2018 judgment. This memorandum opinion is

issued in accordance with Uniform Rules— Courts of Appeal, Rule 2- 16. 113. All

costs of this appeal are assessed to Texas Brine.

AFFIRMED.

K