Pontchartrain Natural Gas System, k/d/s Promix, L.L.C., and Acadian Gas Pipeline System v. Texas Brine Company, LLC ( 2022 )


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  •                                             STATE OF LOUISIANA
    COURT OF APPEAL
    FIRST CIRCUIT
    2022 CA 0446
    2021 CW 1266
    r i
    11,   41r --
    OPONTCHARTRAIN NATURAL GAS SYSTEM, KID/ S PROMIX, L.L.C.,
    IV
    AND ACADIAN GAS PIPELINE SYSTEM
    VERSUS
    TEXAS BRINE COMPANY, LLC
    Judgment Rendered: OCT 2 4 2022
    Appealed from the
    23" Judicial District Court
    In and for the Parish of Assumption
    State of Louisiana
    Docket Number 34,265
    Honorable Thomas J. Kliebert, Jr., Ad      Hoc Judge Presiding
    James M. Garner                 Attorneys for Appellant/Defendant
    Leopold Z. Sher                 Texas Brine Company, LLC
    Peter L. Hilbert, Jr.
    Darnell Bludworth
    Jeffrey D. Kessler
    Stuart D. Kottle
    New Orleans, Louisiana
    Robert Ryland Percy, III
    Gonzales, Louisiana
    Royce 1. Duplessis
    New Orleans, Louisiana
    Travis J. Turner
    Gonzales, Louisiana
    Martin A. Stern                 Attorneys for Appeltants/ Defendants
    Leigh Ann Schell                Occidental Chemical Corporation,
    Raymond P. Ward                 Occidental Petroleum Corporation, and
    New Orleans, Louisiana          OXY USA, Inc.
    Kathy Patrick
    Laura Kissel Cassidy
    1
    Caitlin Halpern
    Samuel W. Cruse, III
    Houston, Texas
    Richard Hymel
    Lafayette, Louisiana
    Brad Brian
    Bethany Kristovich
    Daniel Levin
    Los Angeles, California
    Roy C. Cheatwood          Attorneys for Appellee/ Defendant
    Dent A. Lambert           Legacy Vulcan, LLC
    Adam B. Zuckerman
    Colleen C. Jarrott
    Matthew C. Juneau
    Leopoldo J. Yanez
    Lauren Brink Adams
    New Orleans, Louisiana
    BEFORE: THERIOT, HOLDRIDGE, AND LANIER, JJ.
    2
    HOLDRIDGE, J.
    This dispute is one of many arising out of the August 2012 sinkhole that
    appeared near Bayou Come in Assumption Parish.                          This appeal relates to a
    challenge by Texas Brine Company, LLC of a summary judgment declaring a
    lease, and other interdependent contracts,                 extinguished by confusion.               In the
    answer filed to this appeal and related request for supervisory                        review,
    Legacy
    Vulcan,       LLC challenges the trial court' s judgment as to the effects of those
    extinguished contracts.'             Occidental Chemical Corporation, Occidental Petroleum
    Corporation, and Oxy USA, Inc., challenge the summary judgment' s lack of a
    reservation of their right to arbitrate their contractual disputes with Texas Brine
    2
    including confusion of the lease at issue.               The same issues were recently decided
    by this court in a related appeal that originated out of a different trial court number
    No. 34316, 23rd Judicial District Court, Assumption Parish),               but was rendered by
    the same trial court judge on the same date, concerning the same parties.                             See
    1
    Legacy Vulcan filed a writ, docket number 2021 CW 1266, seeking supervisory review of the
    denial of its motion for summary judgment to dismiss any remaining contract claims asserted by
    Texas Brine against Legacy Vulcan, which was referred to this panel for review in conjunction
    with the appeal of the December 9, 2020 judgment. See order dated December 6, 2021.
    2 This court has previously considered and decided the arbitration issues Occidental Chemical
    Corporation, Occidental Petroleum Corporation,           and Oxy USA,      Inc. (   collectively the Oxy
    Parties)    raise   in their   appeal. See Pontchartrain   Natural   Gas   System      v.   Texas    Brine
    Company, LLC, 2018- 1249 ( La. App. l st Cir. 12/ 30/ 20),        
    317 So. 3d 715
    , 745, writs denied,
    2021- 00382, 2021- 00386 ( La. 6/ 8/ 21),    
    317 So. 3d 323
     ( wherein this court held that all claims
    between the Oxy Parties and Texas Brine be submitted for determination by the arbitration
    panel); and Florida Gas Transmission Company, LLC v. Texas Brine Company,
    LLC, 2018- 0075 ( La. App. 1st Cir. 7/ 1/ 19), 
    285 So. 3d 1093
    , 1101, writs denied, 2019- 
    01124 La. 7
    / 17/ 19), 
    277 So. 3d 1180
    , 2019- 01405 ( La. 11/ 12/ 19), 
    282 So. 3d 225
     ( wherein this court
    held that the determination of the issue of confusion of contracts as between the Oxy Parties and
    Texas Brine was appropriate for the arbitration panel rather than the trial court). Both of these
    rulings are final and definitive judgments, as the Louisiana Supreme Court has denied writs of
    certiorari; therefore, this is the law of the case and there is no need to reexamine these arbitration
    issues. See Slaughter v. Louisiana State Employees'            Retirement System, 2020- 0881 ( La.
    App. 1st Cir. 3125/ 21), 
    322 So. 3d 839
    , 845, writ denied, 2021- 00567 ( La. 6122/ 21),       
    318 So. 3d 706
    , cert. denied, —       U. S. ,      
    142 S. Ct. 775
    , 
    211 L.Ed. 2d 484
     ( 2022) ( the law of the case
    doctrine embodies the principle that an appellate court generally does not revisit its own ruling of
    law on a subsequent appeal in the same case).
    3
    Florida Gas Transmission Company, LLC v. Texas Brine Company,                              LLC,
    2022- 0004 ( La. App. 1st Cir. 813122), --      So. 3d --, 
    2022 WL 3081479
    .3
    In Florida Gas, we affirmed the trial court' s December 9, 2020 judgment
    granting     Legacy Vulcan' s motion         for partial    summary judgment regarding
    confusion     of the   Salt Lease and the cross -extinguishment of the Amended
    Operating Agreement, the Amended Facilities Lease, and the Assignment of the
    Salt Lease.    We further affirmed the trial court' s denial of Legacy Vulcan' s motion
    for partial summary judgment regarding any claims by Texas Brine against Legacy
    Vulcan for damages arising before March 27, 2008.             After a thorough review of the
    record,   we find no material distinctions between the evidence and arguments
    asserted in this appeal and those presented in - the Florida Gas appeal. The
    substantially same background, issues, and assignments of error raised by Texas
    Brine and Legacy Vulcan have already been discussed in Florida Gas, which we
    are bound to follow under the " law of the circuit" doctrine that requires us to
    follow our prior decisions.'       Labarre v. Occidental Chemical Company, 2019-
    0624 ( La. App. i st Cir. 2/ 19/ 20),   
    2020 WL 813269
    ; Pontchartrain Natural Gas
    System v. Texas Brine Company, LLC, 2018- 0001 ( La. App.                      lst Cir. 6/ 4/ 18),
    
    253 So. 3d 156
    , writ denied, 2018- 1124 ( La. 9128/ 18), 
    253 So. 3d 147
    .
    Following our law of the circuit doctrine, we issue this summary disposition
    in accordance with Uniform Rules— Courts of Appeal, Rule 2- 16. 2( A)(2), ( 4),               and
    3 Texas Brine filed the same exception raising the objection of no right of action in the present
    appeal as it did in Florida Gas. Because the arguments in favor and opposition to this objection
    are the same here as in Florida Gas, we adopt the analysis and conclusions regarding the
    objection as were set forth in Florida Gas and deny the exception raising the objection of no
    right of action.
    a Although we are bound to follow the law of the circuit, it is questionable if this court has
    jurisdiction to review the December 9, 2020 judgment under its appellate jurisdiction as it
    appears that this partial judgment, designated as appealable under La. Code Civ. P. art. 1915( B),
    only promotes piecemeal appeals, converse to the principles of judicial efficiency and economy.
    See OAT Trustee, LLC as Trustee for Girod Titling Trust v. Elite Investment Group, LLC,
    2021- 1402, 2021- 1551 ( La. App. 1st Cir. 7129122), -- So. 3d --, 
    2022 WL 3010232
    , at * 6 chin
    R.J. Messinger, Inc, v. Rosenblum, 2004- 1664 ( La. 3/ 2/ 05), 
    894 So. 2d 1113
    , 1122.
    4
    6), and affirm the trial court' s December 9,
    2020 judgment finding that the
    obligations in the Salt Lease were extinguished as a result of confusion on March
    27, 2008; finding that the Amended Operating Agreement and Amended Facilities
    Lease, along with the Assignment of Salt Lease were cross -extinguished on that
    same date;   and dismissing with prejudice any actions brought by Texas Brine
    Company, LLC against Legacy Vulcan, LLC for damages arising after March 27,
    2008, based on the aforementioned contracts.
    We further affirm the trial court judgment dated August 13, 2021, denying
    Legacy Vulcan' s motion for partial summary judgment regarding any claims by
    Texas Brine Company, LLC against Legacy Vulcan, LLC for damages arising
    before March 27, 2008, based on the aforementioned contracts.
    The parties to this appeal are to bear their own costs.
    JUDGMENT AFFIRMED; WRIT DENIED; EXCEPTION RAISING
    THE OBJECTION OF NO RIGHT OF ACTION DENIED.
    5
    

Document Info

Docket Number: 2021CW1266

Filed Date: 10/24/2022

Precedential Status: Precedential

Modified Date: 10/24/2022