Opinion
2023-C-00925
11-15-2023
FLORIDA GAS TRANSMISSION COMPANY, LLC v. TEXAS BRINE COMPANY, LLC, ET AL.
IN RE: Texas Brine Company, LLC - Applicant Defendant; Applying For Writ Of Certiorari, Parish of Assumption, 23rd Judicial District Court Number(s) 34316, Court of Appeal, First Circuit, Number(s) 2022 CA 1234;
Writ application denied.
JLW
JDH
JTG
PDG
Crichton, J., would grant and docket and assigns reasons.
McCallum, J., would grant and docket.
Crain, J., recused.
CRICHTON, J., would grant and docket and assigns reasons:
Although La. R.S. 13:319 has been amended to provide that "each civil and criminal appeal and each application for writs shall be randomly assigned by the clerk," and La. C.C.P. art. 2164.1 was enacted to clarify that the provisions of La. R.S. 13:319 "shall be applicable to assignment of appellate panels," I am troubled by the court of appeal's previous internal practice of their "writing-judge rule" that dictated that all subsequent appeals from the same district court were assigned to a panel that included the prior author of an opinion of that case. Thus, the applicant's allegation of an "ill practice" in this regard raises concern over the validity of the judgments issued under this rule, at least until the court of appeal amended its own internal rules in 2019 to bring itself into compliance with the new legislation. Moreover, it appears there is a discrepancy among the circuit courts of appeal in this state regarding the interpretation of La. C.C.P. art. 2004 as to nullification of judgments due to fraud or ill practices. Accordingly, I find applicant has presented sufficient writ grant considerations under La. Sup. Ct. Rule X to warrant granting and docketing this matter for a de novo review of the dismissal of Texas Brine's Petition to Annul.
La. Sup. Ct. Rule X, § 1 provides that one or more of the following must be present in order for an application to be granted: conflicting decisions, significant unresolved issues of law, overruling or modification of controlling precedents, erroneous interpretation or application of constitution or laws, and gross departure from proper judicial proceedings.