Gustave J. LaBarre Jr., Ramona H. Talbot, Howard J. Dupre III, Gail D. Boudreaux, Floyd A. LaBarre, Marlene L. Folse, Cheryl D. Daigle, Henry R. Lawes Jr., Sidney J. Hernandez, June D. Bouchereau, Louis P. Leblanc Jr., Pierre F. V. DeLaBarre IV, Mary G. D VS Texas Brine Company, LLC and Georgia Gulf Chemical & Vinyls, LLC
Annotate this Case
Download PDF
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT GUSTAVE J. TALBOT, D. LABARRE HOWARD BOUDREAUX, L. DAIGLE, HENRY J. FOLSE, G. GILBERT DUPRE, J. GRANTLYN LEBLANC, H. WILLIAMS, L. CORNAY, HARRY A. D. T. SR., AMY SIMONE GREGORY J. DUPRE, A. S. SIMONEAUX, AUGUSTA H. L. LEBLANC DELABARRE, ENTERPRISES, L. SIMONEAUX, CHRISTOPHER CARMEN LANDRY, JR., LAWSON, MARIA L. ELENA SIMONEAUX SIMONEAUX, ALBERT J. ANITA MERRILL SIMONEAUX RIFFERT, SHAW, GERTRUDE LYLE D. GRANT H. J. MARY WHEELER, HELEN HARRY J. IV, JR., DELABARRE, JR., SHAVERS, SIMONEAUX, JOIE V. DUPRE R. LYDIA P. D. LEBLANC KATHERINE ANDRE 0638 OF JR., DELABARRE DELABARRE, 1 D. JUNE P. CW PAGE LABARRE, LAWES LOUIS V. F. LABARRE, A. 2017 NO. H. GAIL ( III, CHERYL HERNANDEZ, BOUCHEREAU, PIERRE R. RAMONA DUPRE J. FLOYD MARLENE SIDNEY JR., JR., LIZARRAGA LLC VERSUS TEXAS BRINE GEORGIA COMPANY, GULF LLC CHEMICAL & AND OCT 3 VINYLS, !( 9 oq7 I LLC In Re: On motion of Texas Brine Company, Judicial District Court, LLC Parish of to dismiss, 23rd Assumption, No. 30650. BEFORE: GUIDRY, MOTION March 1, PETTIGREW AND TO DISMISS 2017 GRANTED; judgment judgment summary Texas plaintiff, at in Brine CRAIN, JJ. WRIT APPLICATION DISMISSED. issue favor herein, the of Company, which LLC, granted The partial defendant / third -party the duty to defend is interlocutory judgment unless designated by the trial court as a final judgment after an express determination that there is See La. Code Civ. P. arts. no just reason for delay. 1915( B)( 1) on an and 966( E). judgment 1915( B)( as 1); a The trial court final judgment therefore, reviewable this under third party order from the setting March a return in Code Civ. interlocutory and accordance judgment court' s and filed 1, 1, that defendant Insurance Company, writ did not designate the March date of for herein, intent judgment. April La. jurisdiction. supervisory relator notice 2017 with is The 20, 2017 to Indian seek trial 2017. a P. is The Harbor supervisory court , signed an Accordingly, 2) STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2017 4- 3 Rule under Appeal, Indian summary defend issue do but so, by be La. favor 2017; a lst App. March 1, 2017 in favor of Texas judgment interlocutory, a motion writ Texas however, for judgment for new Co. 35 the trial the duty not for not an Mohamadian, v. is 1118, partial duty to did motion A So. 3d granting of granting judgment, Ins. on on 2) seeking Harbor trial. final a 2/ 17/ 10), Brine judgment Indian 0638 OF Courts application Brine new 2 Louisiana 2017 Allstate Cir. the a of from See the 1, motion taken judgment. interlocutory Because filed of file March in 20, April Rules to the judgment can 2009 - 1126 ( needed of instead trial new Harbor review supervisory partial Uniform the of CW PAGE summary defend to the not 1121. is proper the Therefore, procedural method to seek review of that ruling. to dismiss filed by the defendant / third party plaintiff, Texas Brine LLC, is granted. instant The writ Company, motion filed application Indian Harbor by the Insurance pursuant to Courts relator, Company, Appeal. of Rule 4- 3 of the WJC JMG OF APPEAL, WUTY FOR CLERK THE FIRST OF CIRCUIT COURT COURT is Uniform JTP COURT the third party dismissed Rules of as the defendant, untimely Louisiana
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
