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 0206

FLORIDA GAS TRANSMISSION COMPANY, ET AL.

VERSUS

TEXAS BRINE COMPANY, LLC, ET AL.

On appeal from the 23" Judicial District Court Parish of Assumption, State of Louisiana _ No. 34316 ' NAY 1 9 MO

The Honorable Thomas J. Kliebert Jr., Judge Presiding

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

Jeffrey D. Kessler Amanda R. Schenck New Orleans, Louisiana and

Robert Ryland Percy III Gonzales, Louisiana and

Travis J. Turner Gonzales, Louisiana

Thear J. Lemoine Attorney for Appellee, New Orleans, Louisiana National Surety Corporation

BEFORE: McDONALD, CRAIN, 1 AND LANIER, JJ.

1 Justice Will Crain is serving as judge ad hoc by special appointment of the Louisiana Supreme Court. CRAIN, J.

This case arises out of the sinkhole that developed in Assumption Parish after

the collapse of a salt cavern in the Napoleonville Salt Dome. Texas Brine Company,

LLC, appeals a summary judgment dismissing its claims against National Surety

Corporation, the homeowner' s insurer of Sol Kirschner, based on a policy exclusion.

Since the appeal was taken, this court affirmed judgments dismissing tort and

contract claims asserted against Kirschner. See Florida Gas Transmission

Company, LLC v. Texas Brine Company, LLC, 18- 1778 ( La. App. 1 Cir. 12/ 27/ 19),

So. 3d ( 2019WL7206876) ( affirming dismissal of contract claims against

Kirschner), writ denied, 20- 00332 ( La. 5/ 7/ 20), So. 3d ( 2020WL2300060);

Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC, 18- 0549,

2019WL2723560 (La. App. 1 Cir. 7/ 1/ 19) ( affirming dismissal of tort claims against

Kirschner), writ denied, 19- 01227 ( La. 10/ 15/ 19), 280 So. 3d 611; see also Florida

Gas Transmission Company, LLC v. Texas Brine Company, LLC, 18- 1714 ( La. App.

1 Cir. 11/ 15/ 19), 290 So. 3d 719 ( finding the appeal duplicative of the appeal

docketed as 2018 CA 0549, and moot). Texas Brine now has neither a substantive

cause of action against Kirschner nor a procedural right of action under the Direct

Action Statute against National Surety. See La. R.S. 22: 1269. Consequently, this

appeal is moot and this court lacks jurisdiction to consider its merits. See Crosstex

Energy Services, LP v. Texas Brine Company, LLC, 18- 0117, 2018WL 10035630

La. App. 1 Cir. 11/ 20/ 18); see also Ulrich v. Robinson, 18- 0534 ( La. 3/ 26/ 19), 282

So. 3d 180, 186 ( recognizing jurisdiction may abate if a case becomes moot during

the litigation).

Complying with Uniform Rules — Courts of Appeal, Rule 2- 16. 2A( 3), this

appeal is dismissed at Texas Brine' s cost. National Surety' s costs motion, urged if

costs are assessed against it, is also dismissed as moot.

APPEAL DISMISSED; MOTION DISMISSED.

N