Opinion
NO. 2018 CW 0378
06-25-2018
FLORIDA GAS TRANSMISSION, COMPANY, LLC v. TEXAS BRINE COMPANY, LLC, ET AL.
In Re: Texas Brine Company, LLC, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 34316. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.
WRIT GRANTED WITH ORDER. The district court's September 7, 2017 judgment granting the declinatory exception of lis pendens filed by Vulcan Materials Company is a final, appealable judgment pursuant to Louisiana Code of Civil Procedure Article 1915(A)(1). Therefore, the writ is granted for the limited purpose of remanding the case to the district court with instructions to grant relator, Texas Brine Company, LLC, an appeal pursuant to the pleading that notified the district court of Texas Brine's intention to seek writs. See In re Howard, 541 So.2d 195, 197 (La. 1989) (per curiam). Additionally, a copy of this court's order is to be included in the appellate record.
JMG
JTP
WJC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT