Opinion
NO. 2017 CW 1429
10-25-2017
DYNAMIC ENVIRONMENTAL SERVICES, LLC AND DYNAMIC ENERGY SERVICES, LLC v. STEVE KENT TRUCKING, INC., STEVEN W. KENT, SR., KENT & SMITH HOLDINGS, LLC AND GERARD L. SMITH
In Re: Dynamic Environmental Services, LLC and Dynamic Energy Services, LLC, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 1043170. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.
WRIT GRANTED. The trial court's October 18, 2017 judgment which granted the Motion to Lift Stay filed by defendants, Kent & Smith Holdings, LLC and Gerard L. Smith, is reversed. As the parties herein agreed, the issue of revocation or rescission of the sale of the motor carrier certificate at issue herein between defendants, Steve Kent Trucking, Inc. and Kent & Smith Holdings, LLC, was a matter within the exclusive jurisdiction of the Louisiana Public Service Commission and remains pending with that agency. Nevertheless, jurisdiction of the Louisiana Public Service Commission over a portion of the matters at issue herein does not deprive plaintiffs of their right to seek redress with the courts. However, we find that the doctrine of primary jurisdiction compels that such judicial determination be deferred until the Public Service Commission proceedings are completed. See Daily Advertiser v. Trans-La, a Division of Atmos Energy Corporation, 612 So.2d 7 (La. 1993); Richards v. Baton Rouge Water Company, 2013-0873 (La. App. 1st Cir. 3/21/14), 142 So.3d 1027. Accordingly, the Motion to Lift Stay filed by defendants, Kent & Smith Holdings, LLC and Gerard L. Smith, is denied, and the stay previously entered by the trial court's May 8, 2017 judgment remains in effect.
JMG
JTP
WJC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT