Gustave J. Labarre, Jr. v. Occidental Chemical Company

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

GUSTAVE J. LABARRE, JR., ET AL NO. 2021 CW 1023

VERSUS

OCCIDENTAL CHEMICAL COMPANY, 06, 2021
LLC, ET AL

In Re: Texas Brine Company, LLC, applying for supervisory
writs, 23rd Judicial District Court, Parish of

Assumption, No. 33796.

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

WRIT NOT CONSIDERED. Relator failed to provide proof that
this writ application is timely under Rules 4- 2 and 4- 3, Uniform
Rules of Louisiana Courts of Appeal, in accordance with the
provisions of La. Code Civ. P. art. 1914 ( A) and ( B) . There is no
evidence that a judgment was ordered by the trial court or that
a written request for judgment was filed within 10 days of the
ruling in open court so as to make the notice of intent filed on
August 13, 2021 timely.
Supplementation of this writ application and/ or an

application for rehearing will not be considered. Rules 2- 18. 7
and 4- 9, Uniform Rules of Louisiana Courts of Appeal.

In the event relator seeks to file a new application with
this court, it must contain all pertinent documentation, and

must comply with Rule 2- 12. 2, Uniform Rules of Louisiana Courts
of Appeal. Any new application must be filed on or before
December 21, 2021 and must contain a copy of this ruling.
JMM
WIL

Wolfe, J., dissents and would grant the writ. The burden of
proving the facts essential to support the objection of res
judicata is on the party pleading the objection. If doubt
any
exists as to the application of res judicata, the objection must
be overruled and the second lawsuit maintained. Landry v. Town
of Livingston Police Dept., 2010- 0673 ( La. 1st Cir.
App.
12/ 22/ 10), 54 So. 3d 772, 776. Because the cornerstone of res
judicata is a valid and final judgment, it was incumbent on

National Union Fire Insurance Company of Pittsburgh, PA. and AIG
Specialty Insurance Company ( collectively AIG) to introduce a
valid final judgment into the record. Review of the trial
transcript shows that neither party offered, filed, or

introduced any evidence into the record at the hearing on AIG' s
exception of res judicata. Without the final judgment in
evidence, AIG could not meet its burden of proof on the
exception. Therefore, I would grant this writ application,
reverse the trial court' s
July 16, 2021 ruling sustaining AIG' s
exception of res judicata and deny same.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT