Opinion
NO. 2016 CW 0681
08-08-2016
ASSUMPTION PARISH POLICE JURY, ET AL v. TEXAS BRINE COMPANY, LLC, ET AL Consolidated with ASSUMPTION PARISH SHERIFF MIKE WAGUESPACK v. TEXAS BRINE COMPANY, LLC, ET AL Consolidated with STATE OF LOUISIANA v. TEXAS BRINE COMPANY, LLC, ET AL
In Re: Northfield Insurance Company, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 34386 c/w 34389 c/w 34391. BEFORE: HIGGINBOTHAM, THERIOT AND CHUTZ, JJ.
WRIT GRANTED. The district court judgment of February 5, 2016 which denied the exception of lis pendens filed by third party defendant, Northfield Insurance Company, is reversed. La. Code Civ. P. art. 531 provides that when two or more suits are pending in a Louisiana court on the same transaction or occurrence, between the same parties in the same capacities, the defendant may have all but the first suit dismissed by excepting thereto. Third party plaintiff, Texas Brine Company, L.L.C., has filed prior actions which are pending against Northfield Insurance Company, and/or its insured, Browning Oil Company, Inc., in the same capacities arising from the same transaction or occurrence, and therefore, this later filed third party demand should have been dismissed as to Northfield Insurance Company, without prejudice. The Exception of Lis Pendens filed by Northfield Insurance Company is granted, and the third party demand filed by Texas Brine Company, L.L.C. against Northfield Insurance Company is dismissed, without prejudice.
WRC
TMH
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT