Anthony J. Beslin v. Anadarko Petroleum Corp.

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 13-31

ANTHONY J. BESLIN

VERSUS

ANADARKO PETROLEUM CORPORATION, ET AL.

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OFACADIA, NO. 84,457
HONORABLE GLENNON P. EVERETT, DISTRICT JUDGE

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JIMMIE C. PETERS
JUDGE

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Court composed of Jimmie C. Peters, Billy H. Ezell, and J. David Painter, Judges.

APPEAL DISMISSED. APPELLANT IS PERMITTED TO
FILE AN APPLICATION FOR SUPERVISORY WRITS.

Dan Boudreaux
Keith R. Giardina Law Offices
9100 Bluebonnet Center Boulevard, Suite 300
Baton Rouge, LA 70809
(225) 293-7272
COUNSEL FOR APPELLANT/INTERVENOR:
Liberty Mutual Insurance Company

Bennett Boyd Anderson, Jr.
Keith P. Saltzman
Anderson & Dozier
Post Office Box 82008
Lafayette, LA 70502
(337) 233-3366
COUNSEL FOR PLAINTIFF/APPELLEE:
Anthony J. Beslin

Christopher S. Mann
Lance M. Sannino
Ian Alexander Macdonald
Jones, Walker, Waechter, Poitevent,
Carrere & Denegre, L.L.P.
201 St. Charles Avenue, 47th Floor
New Orleans, LA 70170-5100
(504) 582-8000
COUNSEL FOR DEFENDANTS/APPELLEES:
Van S. Spinks
Grey Wolf Drilling Company, L.P.
Grey Wolf Holdings Company

Deborah DeRoche Kuchler
Leigh Ann T. Schell
Kuchler, Polk, Schell, Weiner & Richeson, L.L.C.
1615 Poydras Street, #1300
New Orleans, LA 70112
(504) 592-0691
COUNSEL FOR DEFENDANT/APPELLEE:
Anadarko Petroleum Corporation

Robert Clotsworthy
Christopher M. Hannah
Baker, Donelson, Bearman, Caldwell & Berkowitz
201 St. Charles Avenue, Suite 3600
New Orleans, LA 70170
(504) 566-5200
COUNSEL FOR DEFENDANTS/APPELLEES:
Certain Underwriters at Lloyd’s, London
Certain London Market Insurance Companies

PETERS, Judge.

This court issued a rule for the Appellant, Liberty Mutual Insurance

Company (Liberty Mutual), to show cause, by brief only, why the instant appeal

should not be dismissed as having been taken from a non-appealable, interlocutory

ruling. After considering Liberty Mutual’s response wherein it acknowledges that

the trial court’s ruling is an interlocutory ruling, we dismiss the appeal for the

reasons assigned below.

The plaintiff in this litigation, Anthony Beslin, filed suit against Grey Wolf

Drilling Company, L.P., and other defendants to recover damages he suffered as a

result of an on-the-job accident. Liberty Mutual intervened in the suit, seeking

reimbursement for the workers’ compensation benefits it had paid to and/on behalf

of Mr. Beslin. In the course of these proceedings, the defendants filed a motion

seeking to amend their answer to Liberty Mutual’s intervention. Following a

hearing, the trial court granted the motion for leave to amend and ordered the

amended answer filed as of the date of the trial court’s ruling. The trial court

executed a written judgment to this effect on September 10, 2012, and notice of

judgment was mailed on September 17, 2012. Liberty Mutual filed a motion and

order for appeal on October 1, 2012, and the record in this appeal was lodged on

October 10, 2012.

The trial court’s ruling granting the motion to amend the answer to the

petition of intervention and ordering the amended answer filed does not decide the

merits of this case and is interlocutory. La.Code Civ.P. art. 1841. Therefore, we

dismiss the instant appeal. Liberty Mutual is hereby permitted to file a proper

application for writs in compliance with Uniform Rules─Courts of Appeal, Rule 4,

no later than March 8, 2013. Liberty Mutual is not required to file a notice of

intent to seek writs nor obtain an order setting a return date pursuant to Uniform

Rules─Courts of Appeal, Rule 4-3.

APPEAL DISMISSED. APPELLANT IS PERMITTED TO FILE AN
APPLICATION FOR SUPERVISORY WRITS.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.
Rule 2-16.3 Uniform Rules, Court of Appeal.

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