Opinion
NUMBER 2018 CA 1778
12-27-2019
FLORIDA GAS TRANSMISSION COMPANY, LLC v. TEXAS BRINE COMPANY, LLC, et al.
Leopold Z. Sher, James M. Garner, Peter L. Hilbert, Jr., Jeffrey D. Kessler, David A. Freedman, New Orleans, LA, Robert Ryland Percy, III, Gonzales, LA, James E. Kuhn, Ponchatoula, LA, Travis J. Turner, Gonzales, LA, Dane S. Ciolino, Metairie, LA, Counsel for Appellant/Defendant/Third-party Plaintiff, Texas Brine Company, LLC Joseph L. Shea, Jr., Katherine Smith Baker, Joshua S. Chevallier, Ashley G. Gable, Shreveport, LA, Counsel for Appellee/Third-party Defendant, Reliance Petroleum Corporation Matthew J. Randazzo, III, Christopher B. Bailey, Will Montz, Lafayette, LA, Counsel for Appellees/Third-party Defendants, LORCA Corporation and Colorado Crude Company Frank H. Spruiell, Jr., Reid A. Jones, Seth M. Moyers, Shreveport, LA, Counsel for Appellee/Third-party Defendant, Sol Kirschner Martin A. Stern, Leigh Ann Schell, Raymond P. Ward, Sara C. Valentine, New Orleans, LA, Kathy Patrick, Angus J. Dodson, Laura J. Kissel, Houston, TX, Counsel for Appellees/Defendants/Third-party Defendants, Occidental Chemical Corporation, Occidental Petroleum Corporation, Basic Chemicals Company, LLC, and Occidental VCM, LLC Sidney W. Degan, III, Julia A. Dietz, Wade B. Hammett, Matthew F. Morgan, New Orleans, LA, Counsel for Appellee/Third-party Defendant, Chicago Insurance Company
Leopold Z. Sher, James M. Garner, Peter L. Hilbert, Jr., Jeffrey D. Kessler, David A. Freedman, New Orleans, LA, Robert Ryland Percy, III, Gonzales, LA, James E. Kuhn, Ponchatoula, LA, Travis J. Turner, Gonzales, LA, Dane S. Ciolino, Metairie, LA, Counsel for Appellant/Defendant/Third-party Plaintiff, Texas Brine Company, LLC
Joseph L. Shea, Jr., Katherine Smith Baker, Joshua S. Chevallier, Ashley G. Gable, Shreveport, LA, Counsel for Appellee/Third-party Defendant, Reliance Petroleum Corporation
Matthew J. Randazzo, III, Christopher B. Bailey, Will Montz, Lafayette, LA, Counsel for Appellees/Third-party Defendants, LORCA Corporation and Colorado Crude Company
Frank H. Spruiell, Jr., Reid A. Jones, Seth M. Moyers, Shreveport, LA, Counsel for Appellee/Third-party Defendant, Sol Kirschner
Martin A. Stern, Leigh Ann Schell, Raymond P. Ward, Sara C. Valentine, New Orleans, LA, Kathy Patrick, Angus J. Dodson, Laura J. Kissel, Houston, TX, Counsel for Appellees/Defendants/Third-party Defendants, Occidental Chemical Corporation, Occidental Petroleum Corporation, Basic Chemicals Company, LLC, and Occidental VCM, LLC
Sidney W. Degan, III, Julia A. Dietz, Wade B. Hammett, Matthew F. Morgan, New Orleans, LA, Counsel for Appellee/Third-party Defendant, Chicago Insurance Company
BEFORE: GUIDRY, McDONALD, AND PENZATO, JJ.
GUIDRY, J. Texas Brine Company, LLC, the operator of a brine production well known as Oxy Geismer #3 (OG3 well) in Assumption Parish, appeals from a September 20, 2017 judgment granting partial summary judgment in favor of LORCA Corporation, Colorado Crude Company, Sol Kirschner, Reliance Petroleum Corporation, and its insurer, Chicago Insurance Company, the non-operators of the nearby Adams Hooker #1 oil and gas well (AH1 well), and dismissing Texas Brine's third-party contract claims against them. This court previously affirmed the dismissal of Texas Brine's third-party tort claims, including indemnity and contribution claims, against the non-operators of the AH1 well in Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC, 18-0549 (La. App. 1st Cir. 7/1/19), 2019 WL 2723560, writ denied, 19-01227 (La. 10/15/19), 280 So. 3d 611 (unpublished opinion).
In its brief to this court, Texas Brine again assigns as error the dismissal of its third-party tort claims against the AH1 well non-operators. However, because this issue has been previously addressed and affirmed by this court, we will not reconsider it in this appeal.
In Crosstex Energy Services, LP v. Texas Brine Company, LLC, 18-1213 (La. App. 1st Cir. 7/11/19), 2019 WL 3049762 (unpublished opinion), writ denied, 19-01126 (La. 7/17/19), 277 So. 3d 1180, another panel of this court decided an identical appeal concerning the dismissal of Texas Brine's third-party contract claims against the AH1 well non-operators. Although Crosstex involves a different pipeline plaintiff than in the case sub judice , the Crosstex summary judgment dismissed the same Texas Brine third-party contract demands against the AH1 well non-operators that Texas Brine now challenges in this appeal.
In Crosstex, this court affirmed the dismissals of all but one non-operator, Colorado Crude Company, because the record in that particular case did not show that Colorado Crude had moved for summary judgment on Texas Brine's breach of contract claims. Crosstex, 2019 WL 3049762 at *5. In the case before us, however, pursuant to district court order, the appellate record was supplemented on August 27, 2019, with Colorado Crude's joinder in Browning Oil Company, Inc. and LORCA Corporation's motion for partial summary judgment regarding Texas Brine's breach of contract claims.
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After a thorough review of the record, we find no material distinctions between the evidence and arguments asserted in this appeal and in Crosstex, which we are bound to follow as the law of this circuit. See Pontchartrain Natural Gas System v. Texas Brine Company, LLC, 18-0001 (La. App. 1st Cir. 6/4/18), 253 So. 3d 156, writ denied, 18-1124 (La. 9/28/18), 253 So. 3d 147. Thus, we affirm the district court's September 20, 2017 judgment dismissing Texas Brine's third-party contract claims against LORCA Corporation, Colorado Crude Company, Sol Kirschner, Reliance Petroleum Corporation, and Chicago Insurance Company. We issue this summary disposition in accordance with Uniform Rules—Courts of Appeal, Rule 2-16.2(A)(2) and (6), and we assess all costs of this appeal to Texas Brine Company, LLC. Further, we grant Colorado Crude Company's pending motion to file a supplemental brief.