Pontchartrain Natural Gas System, k/d/s Promix, L.L.C., and Acadian Gas Pipeline System v. Texas Brine Company, LLC

• Court: Louisiana Court of Appeal
• Decided: August 16, 2022
• Docket: 2022CW0865
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

PONTCHARTRAIN NATURAL GAS NO. 2022 CW 0865 SYSTEM, K/ D/ S PROMIX,

L. L. C., AND ACADIAN GAS PIPELINE SYSTEM

VERSUS

TEXAS BRINE COMPANY, LLC AUGUST 16, 2022

In Re: Texas Brine Company, LLC, applying for supervisory writs, 23rd Judicial District Court, Parish of

Assumption, No. 34265.

BEFORE: McDONALD, HOLDRIDGE, AND LANIER, JJ.

WRIT GRANTED. The district court' s August 11, 2022 judgment, granting Legacy Vulcan, LLC' s Motion in Limine to

Preclude Proffer of Evidence Relative to Dismissed Claims is reversed. Louisiana Code of Civil Procedure article 1636 provides, "[ w] hen the court rules against the admissibility of

any evidence, it shall either permit the party offering such

evidence to make a complete record thereof, or permit the party to make a statement setting forth the nature of the evidence."

The word " shall" is mandatory. Sanchez v. Georgia Gulf Corp., 2002- 1617 ( La. App. lst Cir. 8/ 13/ 03), 853 So. 2d 697, 704.

Accordingly, the district court is instructed to allow Texas Brine Company, LLC to either offer such evidence to make a

complete record thereof or to make a statement setting forth the nature of the evidence.

JMM GH WIL

DEPUTY CLERK OF COURT FOR THE COURT