Robert H. Rhyne, Jr. v. Omni Energy Services Corp.

• Court: Louisiana Court of Appeal
• Decided: October 15, 2014
• Docket: CA-0014-0323
• Status: Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

14-323 c/w 14-251, 14-322

ROBERT H. RHYNE, JR., ET AL.

VERSUS

OMNI ENERGY SERVICES CORP., ET AL.

**********

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, No. 2013-4316 C/W NO. 2009-3396 HONORABLE GLENNON P. EVERETT, DISTRICT JUDGE

JIMMIE C. PETERS JUDGE

Court composed of Sylvia R. Cooks, Jimmie C. Peters, and John E. Conery, Judges.

APPEAL DISMISSED.

David M. Kaufman P. O. Box 4604 Lafayette, LA 70502-4604 (337) 233-2417 COUNSEL FOR DEFENDANTS/PLAINTIFFS-IN- RECONVENTION/APPELLANTS: Robert H. Rhyne, Jr. Brent Trauth Andre F. Toce The Toce Firm, PLC P. O. Box 158 Broussard, LA 70518 (337) 233-6818 COUNSEL FOR DEFENDANTS/PLAINTIFFS-IN- RECONVENTION/APPELLANTS: Brent Trauth Robert H. Rhyne, Jr.

Alan K. Breaud Timothy W. Basden Breaud & Meyers, APLC P.O. Box 3448 Lafayette, LA 70503 (337) 266-2200 COUNSEL FOR PLAINTIFF/DEFENDANT-IN RECONVENTION/APPELLEE: OMNI Energy Services Corporation

Robert J. Burns, Jr. 2141 Quail Run Drive Baton Rouge, LA 70808 (225) 767-7730 COUNSEL FOR DEFENDANT-IN-RECONVENTION/APPELLEE: XL Specialty Casualty Company

David M. Thorguson Bourgeois Thorguson, LLC P. O. Box 3006 Morgan City, LA 70381 (985) 384-2055 COUNSEL FOR DEFENDANTS-IN-RECONVENTION/APPELLEES: Edward E. Colson, III James C. Eckert Richard C. White Barry E. Kaufman Dennis R. Sciotto Ronald E. Gerevas Brian J. Recatto

Randy P. Angelle Boyer, Hebert, Abels & Angelle, LLC 401 East Mills Avenue Breaux Bridge, LA 70517 (337) 366-8285 COUNSEL FOR DEFENDANTS-IN-RECONVENTION/APPELLEES: Edward E. Colson, III Dennis R. Sciotto Ronald E. Gerevas PETERS, J.

We set forth the factual background in OMNI Energy Services Corp. v.

Rhyne, 14-251 (La.App. 3 Cir. _/_/_), __ So.3d __, and, in turning to the third of

the consolidated cases, we note that in their December 23, 2013 filing seeking a 1 devolutive appeal, Rhyne and Trauth asserted only that they were appealing the

November 10, 2013 judgment “granting in part, and denying in part, [their] Motion

for New Trial dismissing [their] claims against some, but not all, of Defendants-in-

Reconvention.” Additionally, although the December 26, 2013 Notice of Appeal

issued by the Lafayette Parish Clerk’s Office references the docket numbers

assigned to both Lafayette Parish Suit I and Lafayette Parish Suit II, the motion

and order filed by Rhyne and Trauth reference only the trial court docket number

assigned to Lafayette Parish Suit I. The Lafayette Parish Clerk’s Office notice of

appeal resulted in this court erroneously assigning a second appeal docket number

to this litigation. When the matter became docketed before this court, Lafayette

Parish Suit I was given Docket Number 14-322, and Lafayette Parish Suit II was

given Docket Number 14-323. However, the only issues before this court arise

from Lafayette Parish Suit I, and we, therefore, dismiss Docket Number 14-323 as

having no issue for this court to consider. We assess all costs of this appeal to

Robert H. Rhyne, Jr. and Brent Trauth.

1 The trial court executed the order attached to the Notice of Appeal granting Rhyne and Trauth a devolutive appeal on December 19, 2013, but the Notice and Order were not filed until December 23, 2013.