Crosstex Energy Services, LP, Crosstex LIG, LLC and Crosstex Processing Services, LLC VS Texas Brine Company, LLC, et al
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2017 CA 1193 CROSSTEX ENERGY SERVICES, LP; CROSSTEX LIG, LLC; AND CROSSTEX PROCESSING SERVICES, LLC VERSUS 7{ TEXAS, BRINE COMPANY, LLC; ZURICH AMERICAN INSURANCE COMPANY; AND AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY Judgment Rendered: JUL 3 12018 APPEALED FROM THE 23RD JUDICIAL DISTRICT COURT ASSUMPTION PARISH, LOUISIANA DOCKET NUMBER 34, 202 HONORABLE JASON M. VERDIGETS, JUDGE PRESIDING Leopold Z. Sher Attorneys for 31d Parry Plaintiff/ Appellant Texas Brine Company, LLC James M. Garner Peter L. Hilbert, Jr. Neal J. Kling Jeffrey D. Kessler New Orleans, Louisiana and Theodore L. Jones Baton Rouge, Louisiana and Robert Ryland Percy, III Gonzales, Louisiana and Travis J. Turner Gonzales, Louisiana and Eric J. Mayer Houston, Texas Celeste D. Elliott Anne E. Briard Attorneys for 3rd Parry Defendants/ Appellees Gulf Underwriters Insurance Company and Shaundra M. Schudmak St. Paul Surplus Lines Insurance Kaja S. Elmer Company, as alleged insurers of New Orleans, Louisiana Reliance Petroleum Corporation BEFORE: GUIDRY, McDONALD, and CHUTZ, 33. MCDONALD,F J. In this appeal, Texas Brine Company, LLC, challenged a November 17, 2016 judgment granting an exception of lis pendens and dismissing Texas Brine's third -party demands against Gulf Underwriters Insurance Company and St. Paul Surplus Lines Insurance Company, as alleged insurers of Reliance Petroleum Corporation, prejudice. without After the case was argued, the parties filed a " Joint Motion To Summarily Dismiss Appeal As Moot." Under Rule 2- 8. 3 of the Uniform Rules of the Courts of Appeal, any appeal may be summarily dismissed where there has been a joint motion filed by all interested parties or their counsel of record, which shall set forth the reason for such action, and which shall be supported by appropriate affidavits that the facts alleged are true and correct. Based on the parties' joint motion, which complies with URCA Rule 2- 8. 3, we dismiss the appeal. appeal. We need not address any other outstanding motions related to this We assess costs of the appeal one- half to Texas Brine Company, LLC, and one- half to Gulf Underwriters Insurance Company and St. Company. APPEAL DISMISSED. K Paul Surplus Lines Insurance
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