STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
CROSSTEX ENERGY SERVICES, NO. 2022 CW 0867
LP, CROSSTEX LIG, LLC AND
CROSSTEX PROCESSING
SERVICES, LLC
VERSUS
TEXAS BRINE COMPANY, LLC, ET AUGUST 16, 2022
AL
In Re: Texas Brine Company, LLC, applying for supervisory
writs, 23rd Judicial District Court, Parish of
Assumption, No. 34202.
BEFORE: McDONALD, HOLDRIDGE, AND WOLFE, JJ.
WRIT GRANTED. The district court' s August 11, 2022
judgment, granting Legacy Vulcan, LLC' s Motion in Limine to
Preclude Proffer of Evidence Relative to Dismissed Claims is
reversed. Louisiana Code of Civil Procedure article 1636
provides, "[ w] hen the court rules against the admissibility of
any evidence, it shall either permit the party offering such
evidence to make a complete record thereof, or permit the party
to make a statement setting forth the nature of the evidence."
The word " shall" is mandatory. Sanchez v. Georgia Gulf Corp.,
2002- 1617 ( La. App. 1st Cir. 8/ 13/ 03), 853 So. 2d 697, 704.
Accordingly, the district court is instructed to allow Texas
Brine Company, LLC to either offer such evidence to make a
complete record thereof or to make a statement setting forth the
nature of the evidence.
JMM
GH
EW
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT
Crosstex Energy Services, LP, Crosstex LIG, LLC and Crosstex Processing Services, LLC v. Texas Brine Company, LLC
Combined Opinion