Opinion
NO. 2017 CW 0043
03-31-2017
GUSTAVE J. LABARRE, JR. v. OCCIDENTAL CHEMICAL COMPANY AND TEXAS BRINE COMPANY, LLC
In Re: Occidental Chemical Corporation, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 33796. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT GRANTED. The trial court's ruling of December 16, 2016, denying Occidental Chemical Corporation's motion for leave to file its amended third-party demand against Texas United is reversed. Given that amendment of pleadings is liberally allowed, under the current facts and circumstances of this case, the trial court abused its discretion in denying Occidental Chemical Corporation's motion for leave to amend its third-party demand. We find "valid reason" exists to allow these demands as the trial date has been continued without date. See Rainey v. Entergy Gulf States, Inc., 01-2414 (La. App. 1 Cir. 11/8/02), 840 So. 2d 586, 590-91, on reh'g., 01-2414 (La. App. 1 Cir. 6/25/04), 885 So.2d 1193. We further note that the Case Management Order allowed for supplemental or amended pleadings past the deadline for good cause shown.
JMG
PMc
WHIPPLE, C.J., concurs. Given that the trial date in this matter has been continued without date, I will concur. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT