Opinion
NO. 2019 CW 0012
01-25-2019
FLORIDA GAS TRANSMISSION COMPANY, LLC v. TEXAS BRINE COMPANY, LLC
In Re: Occidental Chemical Corporation, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 34316. BEFORE: McCLENDON, HIGGINBOTHAM, THERIOT, CHUTZ AND PENZATO, JJ.
WRIT GRANTED WITH ORDER. Louisiana Code of Civil Procedure article 2128 provides that an appellant may designate portions of the record "which he desires to constitute the record on appeal," and "the clerk shall prepare the record on appeal as so directed[.]" Accordingly, we reverse the trial court's December 18, 2018 order to the extent it ordered that Occidental Chemical Corporation's "designations 1-36 not be allowed into the record on appeal." In addition, Article 2128 allows the appellee to "designate in a writing filed with the trial court such other portions of the record as he considers necessary." Therefore, the trial court is hereby ordered to instruct the clerk to prepare the record in accordance with "Occidental Chemical Corporation's Motion to Designate Record for Appeal of October 16, 2018 Preliminary Injunction" and "Texas Brine's Cross-Designation of the Record for Appeal Regarding October 16, 2018 Preliminary Injunction."
PMc
TMH
AHP
Theriot and Chutz, JJ., dissent and would deny the writ. See Herlitz Const. Co. v. Hotel Investors of New Iberia, Inc., 396 So.2d 878 (La. 1981) (per curiam). COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT