Opinion
NO. 2016 CW 0669
08-10-2016
FLORIDA GAS TRANSMISSION CO. v. OCCIDENTAL CHEMICAL COMPANY AND TEXAS BRINE COMPANY, LLC, ET AL.
In Re: Texas United Corporation, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 34,316. BEFORE: GUIDRY, PETTIGREW, HIGGINBOTHAM, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED WITH ORDER. Concluding that the trial court erred in overruling the peremptory exception of no cause of action filed by Texas United Corporation against Occidental Chemical Company, we reverse the ruling of the trial court in this regard. We sustain the exception. We remand the matter to the trial court, however, with instruction to issue an order granting Occidental Chemical Company the opportunity to amend its third-party petition to state a cause of action, if it can, within a delay deemed reasonable by the trial court. See La. C.C.P. art. 934.
MRT
WRC
JMG
Pettigrew and Higginbotham, JJ., dissent and would deny the writ on the showing made. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT