Florida Gas Transmission Company, LLC VS Texas Brine Company, LLC
Annotate this Case
Download PDF
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 ' The Honorable Thomas J. Kliebert Jr., NAY 1 9 MO 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 New Orleans, Louisiana BEFORE: 1 Attorney for Appellee, National Surety Corporation McDONALD, CRAIN, 1 AND LANIER, JJ. 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 appeal is dismissed at Texas Brine' s cost. of Appeal, Rule 2- 16. 2A( 3), this National Surety' s costs motion, urged if costs are assessed against it, is also dismissed as moot. APPEAL DISMISSED; MOTION DISMISSED. N
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.
