Opinion
NO. 2018 CA 0206
05-19-2020
FLORIDA GAS TRANSMISSION COMPANY, ET AL. v. TEXAS BRINE COMPANY, LLC, ET AL.
James M. Garner Leopold Z. Sher Peter L. Hilbert Jr. Jeffrey D. Kessler Amanda R. Schenck New Orleans, Louisiana and Robert Ryland Percy III Gonzales, Louisiana and Travis J. Turner Gonzales, Louisiana Attorneys for Appellant, Texas Brine Company, LLC Thear J. Lemoine New Orleans, Louisiana Attorney for Appellee, National Surety Corporation
NOT DESIGNATED FOR PUBLICATION
On appeal from the 23rd Judicial District Court Parish of Assumption, State of Louisiana
No. 34316 The Honorable Thomas J. Kliebert Jr., Judge Presiding James M. Garner
Leopold Z. Sher
Peter L. Hilbert Jr.
Jeffrey D. Kessler
Amanda R. Schenck
New Orleans, Louisiana
and
Robert Ryland Percy III
Gonzales, Louisiana
and
Travis J. Turner
Gonzales, Louisiana Attorneys for Appellant,
Texas Brine Company, LLC Thear J. Lemoine
New Orleans, Louisiana Attorney for Appellee,
National Surety Corporation BEFORE: McDONALD, CRAIN, AND LANIER, JJ. CRAIN, J.
Justice Will Crain is serving as judge ad hoc by special appointment of the Louisiana Supreme Court.
This case arises out of the sinkhole that developed in Assumption Parish after the collapse of a salt cavern in the Napoleonville Salt Dome. Texas Brine Company, LLC, appeals a summary judgment dismissing its claims against National Surety Corporation, the homeowner's insurer of Sol Kirschner, based on a policy exclusion. Since the appeal was taken, this court affirmed judgments dismissing tort and contract claims asserted against Kirschner. See Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC, 18-1778 (La. App. 1 Cir. 12/27/19), ___ So. 3d ___ (2019WL7206876) (affirming dismissal of contract claims against Kirschner), writ denied, 20-00332 (La. 5/7/20), ___ So. 3d ___ (2020WL2300060); Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC, 18-0549, 2019WL2723560 (La. App. 1 Cir. 7/1/19) (affirming dismissal of tort claims against Kirschner), writ denied, 19-01227 (La. 10/15/19), 280 So. 3d 611; see also Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC, 18-1714 (La. App. 1 Cir. 11/15/19), 290 So. 3d 719 (finding the appeal duplicative of the appeal docketed as 2018 CA 0549, and moot). Texas Brine now has neither a substantive cause of action against Kirschner nor a procedural right of action under the Direct Action Statute against National Surety. See La. R.S. 22:1269. Consequently, this appeal is moot and this court lacks jurisdiction to consider its merits. See Crosstex Energy Services, LP v. Texas Brine Company, LLC, 18-0117, 2018WL10035630 (La. App. 1 Cir. 11/20/18); see also Ulrich v. Robinson, 18-0534 (La. 3/26/19), 282 So. 3d 180, 186 (recognizing jurisdiction may abate if a case becomes moot during the litigation).
Complying with Uniform Rules - Courts of Appeal, Rule 2-16.2A(3), this appeal is dismissed at Texas Brine's cost. National Surety's costs motion, urged if costs are assessed against it, is also dismissed as moot.
APPEAL DISMISSED; MOTION DISMISSED.