Crosstex Energy Services, LP, Crosstex LIG, LLC and Crosstex Processing Services, LLC v. Texas Brine Company, LLC

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