WYNN RUNG, JR. VERSUS HILCORP ENERGY COMPANY, ET AL.

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA 12-1109 consolidated with CA 12-1110 ROWDY SMITH VERSUS HILCORP ENERGY CORPORATION, ET AL. ****consolidated with**** WYNN RUNG VERSUS HILCORP ENERGY CORPORATION, ET AL. ********** APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF ST. MARTIN, NO. 75502 & 75580 HONORABLE CHARLES LEE PORTER, DISTRICT JUDGE ********** JAMES T. GENOVESE JUDGE ********** Court composed of Elizabeth A. Pickett, James T. Genovese, and Shannon J. Gremillion, Judges. MOTION TO STAY PROCEEDINGS DENIED. Karen W. Shipman Amanda Howard Lowe Kean Miller 909 Poydras Street, Ste 1450 New Orleans, LA 70112 (504) 585-3050 COUNSEL FOR DEFENDANT/APPELLANT: Performance Wellhead & Frac Components, Inc. John Edmund McElligott, Jr. Kevin M. Dills Davidson, Meaux, etc. Post Office Box 2908 Lafayette, LA 70502-2908 (337) 237-1660 COUNSEL FOR DEFENDANTS/APPELLANTS: First Mercury Ins. Co. Hookup and Pipeline Construction, Inc. Musa Rahman Johnson, Stiltner & Rahman 2237 S. Acadian Thruway, #700 Baton Rouge, LA 70898-0986 (225) 231-0756 COUNSEL FOR DEFENDANT/APPELLEE: Louisiana Workers' Compensation Fund Patrick J. McShane Danica C. Benbow Kathleen Pontier Rice Frilot L.L.C. 1100 Poydras St., #3700 New Orleans, LA 70163 (504) 599-8000 COUNSEL FOR DEFENDANTS/APPELLANTS: Hookup and Pipeline Construction, Inc. First Mercury Ins. Co. Robert Michael Kallam Jonathan L. Woods Preis, Kraft, & Roy Post Office Drawer 94-C Lafayette, LA 70509 (337) 237-6062 COUNSEL FOR DEFENDANT/APPELLEE: Greene's Energy Group Michael J. Remondet, Jr. Jeansonne & Remondet Post Office Box 91530 Lafayette, LA 70509 (337) 237-4370 COUNSEL FOR DEFENDANT/APPELLEE: EPI Consulting Co. Kevin Paul Merchant Cliff A. Lacour Laborde & Neuner Post office Box 52828 Lafayette, LA 70505 (318) 237-7000 COUNSEL FOR DEFENDANT/APPELLEE: Hilcorp Energy Company Jason P. Bergeron Attorney at Law Post Office Box 52008 Lafayette, LA 70502-2008 (337) 232-7424 COUNSEL FOR DEFENDANT/APPELLEE: Hilcorp Energy Company Vanessa L. Waguespack Liskow & Lewis Post Office Box 52008 Lafayette, LA 70505 (337) 232-7424 COUNSEL FOR DEFENDANT/APPELLEE: Hilcorp Energy Company Rusty Galloway Galloway & Jeffcoat, LLP 1925 Dulles Drive Lafayette, LA 70506 (337) 984-8020 COUNSEL FOR PLAINTIFFS/APPELLEES: Wynn Rung, Jr. Rowdy Smith GENOVESE, Judge. Appellants, Performance Wellhead & Frac Components, Inc.; Hookup and Pipeline Construction, Inc.; and First Mercury Insurance Company, filed a Motion to Stay Proceedings directly with this court. Specifically, Appellants seek an order staying the trial court proceedings pending resolution of the captioned consolidated appeals. The underlying suits arise from a flash fire from which plaintiffs, Wynn Rung, Jr., and Rowdy Smith, sustained damages. The captioned appeals, however, arise from adverse judgments enforcing defense and indemnity demands against Appellants. Because the defense and indemnity issues before this court are separate and distinct from the liability issues before the trial court, we find that jurisdiction over the liability issues, as well as any other issues not raised in the instant appeals, remains with the trial court. La.Code Civ.P. art. 2088. We find it significant to note that Appellants requested similar stays of the trial court proceedings in November of 2011 and May of 2012. In both instances, the trial court issued interlocutory judgments denying Appellants motions. Appellants failed to seek supervisory review of these judgments. We further note that the trial judge, in denying Appellants most recent request for a stay, stated that he was open to reconsidering Appellants request to stay the trial court proceedings if a ruling had not been issued by this court when the trial date approached. The trial date of these consolidated matters has since been set for January 7, 2013. Thus, Appellants have the available remedy to re-urge their motion to stay the proceedings with the trial court. For the reasons assigned, we hereby deny Appellants motion. MOTION TO STAY PROCEEDINGS DENIED. THIS OPINION IS NOT DESIGNATED FOR PUBLICATION. Rule 2-16.3 Uniform Rules, Court of Appeal.

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