Opinion
2021-CC-00385
10-01-2021
CROSSTEX ENERGY SERVICES, LP, CROSSTEX LIG, LLC AND CROSSTEX PROCESSING SERVICES, LLC v. TEXAS BRINE COMPANY, LLC., ET AL.
Texas Brine Company L.L.C - Applicant Defendant; United Brine Services Company, LLC - Applicant Defendant; Applying for Rehearing/Reconsideration, Parish of Assumption, 23rd Judicial District Court Number(s) 34202, Court of Appeal, First Circuit, Number(s) 2020 CW 1182;
Application for reconsideration not considered. See Louisiana Supreme Court Rule IX, § 6.
JBM
JLW
Hughes, J., would grant.
Crichton, J., would grant and assigns reasons.
Genovese, J., concurs in the result and assigns reasons.
Griffin, J., concurs in the result for reasons assigned by Justice Genovese.
Crain, J., recused.
CRICHTON, J., would grant reconsideration and assigns reasons:
While Supreme Court Rule IX, § 6 prohibits reconsideration of a prior writ denial, an exception to this rule should exist in order to further the interest of justice in certain extraordinary circumstances where good cause is shown. See Boutte v. Boutte, 20-985 (La. 2/9/21), 309 So.3d 731, citing State v. Hauser, 20-429 (La. 10/6/20), 302 So.3d 514 (mem) (Crichton, J., would grant reconsideration and assigning reasons), and Harris v. Am. Home Assurance Co., 2018-589 (La. 8/31/18), 251 So.3d 397, 398 (Crichton, J., would grant reconsideration); Marable v. Empire Truck Sales of La., LLC, 2017-1469 (La. 11/17/17), 230 So.3d 212 (Crichton, J., would grant reconsideration); and State v. Franklin, 2019-1454 (La. 1/14/20), 286 So.3d 1039 (mem) (Crichton, J., additionally concurring with grant of reconsideration). Because I find good cause shown in this case, I would grant reconsideration and docket this matter for oral argument.
Genovese, J., concurs in the result and assigns reasons.
It is only because Louisiana Supreme Court Rule IX, Sec. 6, does not allow for the consideration of applications for rehearing (reconsideration) from a denial of a supervisory writ by this Court that I am compelled to vote to deny this application for reconsideration.