Opinion
NO. 2017 CW 0411
07-07-2017
GUSTAVE J. LABARRE, JR., ET AL v. OCCIDENTAL CHEMICAL COMPANY AND TEXAS BRINE COMPANY, LLC
In Re: Texas Brine Company, LLC, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 33796. BEFORE: WHIPPLE, C.J., GUIDRY AND PETTIGREW, JJ.
WRIT GRANTED. Since the trial has been continued without date, the trial court's February 22, 2017 judgment granting Legacy Vulcan, L.L.C.'s "Motion to Strike Fraud-Based Affirmative Defenses Asserted by Texas Brine Company, LLC" is reversed, and judgment is hereby rendered denying the motion. Amendment of pleadings should be liberally allowed provided the movant is acting in good faith, the amendment is not sought as a delaying tactic, the opponent will not be unduly prejudiced, and the trial on the issues will not be unduly delayed. Joseph v. Our Lady of the Lake Regional Medical Center, 14-0181 (La. App. 1 Cir. 10/16/14), 156 So.3d 210, 215.
VGW
JMG
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT