Crosstex Energy Services, LP, Crosstex LIG, LLC and Crosstex Processing Services, LLC v. Texas Brine Company, LLC ( 2019 )

NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
2018 CA 1788
CROSSTEX ENERGY SERVICES, LP, CROSSTEX LIG, LLC
AND CROSSTEX PROCESSING SERVICES, LLC
VERSUS
TEXAS BRINE COMPANY, LLC, ET AL.
Judgment Rendered:
AUG 292019
APPEALED FROM THE 23RD JUDICIAL DISTRICT COURT
ASSUMPTION PARISH, LOUISIANA
DOCKET NUMBER 34, 202
HONORABLE THOMAS J. KLIEBERT JR., JUDGE
Leopold Z. Sher Attorneys for Third Party Plaintiff/ Appellant,
James M. Garner Texas Brine Company, LLC
Peter L. Hilbert Jr.
Jeffrey D. Kessler
David A. Freedman
New Orleans, Louisiana
and
Robert Ryland Percy III
Gonzales, Louisiana
and
Travis J. Turner
Gonzales, Louisiana
and
James E. Kuhn
Ponchatoula, Louisiana
Roy C. Cheatwood Attorneys for Third Party Defendant/ Appellee,
Kent A. Lambert Vulcan Materials Company
Adam B. Zuckerman
Paul C. Thibodeaux
Colleen C. Jarrott
Matthew S. Chester
Matthew C. Juneau
New Orleans, Louisiana
and
Tony M. Clayton
Port Allen, Louisiana
BEFORE: McDONALD, THERIOT, and LANIER, JJ.
McDONALD, J.
Texas Brine Company, LLC, appeals an August 24, 2017 judgment granting a
declinatory exception of lis pendens filed by Vulcan Materials Company, LLC. The
judgment dismissed " any and all claims, demands, and/ or allegations asserted by
Texas Brine] against [ Vulcan] ... WITHOUT PREJUDICE, in favor of the first -filed set
of claims and demands in related case[,]" without declaring which of the multiple
sinkhole cases was the first -filed suit.
While its appeal was pending, Texas Brine filed an exception of lack of appellate
jurisdiction to dismiss its own appeal based on recent precedent on this same issue.
See Pontchartrain Natural Gas System, et al, v. Texas Brine Company, LLC, 18- 0419
La. App. 1 Cir. 6/ 26/ 19), So. 3d, 2019 WL 2609034, writ denied, stay denied,
19- 01125 ( La. 7/ 17/ 19), So. 3d, 2019 WL 3491637; and Pontchartrain Natural
Gas System, et al, v. Texas Brine Company, LLC, 18- 0435 ( La. App. 1 Cir. 6/ 26/ 19),
So. 3d , 2019 WL 2609142. For the same reasons as those in the Pontchartrain
cases, this court is unable to determine the exact relief granted or denied by the August
24, 2017 judgment, which renders it indefinite and not a final, appealable judgment. In
the absence of a valid final judgment, this court lacks subject matter jurisdiction.
Advanced Leveling & Concrete Solutions v. Lathan Company, Inc., 17- 1250 ( La. App. 1
Cir. 12/ 20/ 18), 268 So. 3d 1044, 1047 ( en banc). Therefore, we grant Texas Brine' s
exception in part, dismissing this appeal. We deny, however, Texas Brine's additional
request that we await a final determination of the entire underlying suit before
assessing costs.
We issue this summary opinion in accordance with Uniform Rules - Courts of
Appeal, Rule 2- 16. 2A( 1), granting Texas Brine' s exception in part and dismissing this
appeal for lack of subject matter jurisdiction. Because we dismiss the appeal for lack of
jurisdiction, we pretermit ruling on all pending motions in this appeal. We assess all
costs of this appeal to Texas Brine Company, LLC.
EXCEPTION GRANTED IN PART; RULINGS ON ALL PENDING MOTIONS
PRETERMITTED; APPEAL DISMISSED.
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