Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
FLORIDA GAS TRANSMISSION NO. 2022 CW 0866
COMPANY, LLC
VERSUS
TEXAS BRINE COMPANY, LLC AUGUST 16, 2022
In Re: Texas Brine Company, LLC, applying for supervisory
writs, 23rd Judicial District Court, Parish of
Assumption, No. 34316.
BEFORE: McDONALD, THERIOT, AND HOLDRIDGE, JJ.
WRIT GRANTED. The district court' s August 11, 2022
judgment, granting Legacy Vulcan, LLC' s Motion in Limine to
Preclude Proffer of Evidence Relative to Dismissed Claims is
reversed. Louisiana Code of Civil Procedure article 1636
provides, "[ w] hen the court rules against the admissibility of
any evidence, it shall either permit the party offering such
evidence to make a complete record thereof, or permit the party
to make a statement setting forth the nature of the evidence."
The word " shall" is mandatory. Sanchez v. Georgia Gulf Corp.,
2002- 1617 ( La. App. 1st Cir. 8/ 13/ 03), 853 So. 2d 697, 704.
Accordingly, the district court is instructed to allow Texas
Brine Company, LLC to either offer such evidence to make a
complete record thereof or to make a statement setting forth the
nature of the evidence.
JMM
MRT
GH
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT