Robert H. Rhyne, Jr. v. Omni Energy Services Corp.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

14-323 c/w 14-251, 14-322

ROBERT H. RHYNE, JR., ET AL.

VERSUS

OMNI ENERGY SERVICES CORP., ET AL.

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, No. 2013-4316 C/W NO. 2009-3396
HONORABLE GLENNON P. EVERETT, DISTRICT JUDGE

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JIMMIE C. PETERS
JUDGE

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Court composed of Sylvia R. Cooks, Jimmie C. Peters, and John E. Conery, Judges.

APPEAL DISMISSED.

David M. Kaufman
P. O. Box 4604
Lafayette, LA 70502-4604
(337) 233-2417
COUNSEL FOR DEFENDANTS/PLAINTIFFS-IN-
RECONVENTION/APPELLANTS:
Robert H. Rhyne, Jr.
Brent Trauth

Andre F. Toce
The Toce Firm, PLC
P. O. Box 158
Broussard, LA 70518
(337) 233-6818
COUNSEL FOR DEFENDANTS/PLAINTIFFS-IN-
RECONVENTION/APPELLANTS:
Brent Trauth
Robert H. Rhyne, Jr.

Alan K. Breaud
Timothy W. Basden
Breaud & Meyers, APLC
P.O. Box 3448
Lafayette, LA 70503
(337) 266-2200
COUNSEL FOR PLAINTIFF/DEFENDANT-IN
RECONVENTION/APPELLEE:
OMNI Energy Services Corporation

Robert J. Burns, Jr.
2141 Quail Run Drive
Baton Rouge, LA 70808
(225) 767-7730
COUNSEL FOR DEFENDANT-IN-RECONVENTION/APPELLEE:
XL Specialty Casualty Company

David M. Thorguson
Bourgeois Thorguson, LLC
P. O. Box 3006
Morgan City, LA 70381
(985) 384-2055
COUNSEL FOR DEFENDANTS-IN-RECONVENTION/APPELLEES:
Edward E. Colson, III
James C. Eckert
Richard C. White
Barry E. Kaufman
Dennis R. Sciotto
Ronald E. Gerevas
Brian J. Recatto

Randy P. Angelle
Boyer, Hebert, Abels & Angelle, LLC
401 East Mills Avenue
Breaux Bridge, LA 70517
(337) 366-8285
COUNSEL FOR DEFENDANTS-IN-RECONVENTION/APPELLEES:
Edward E. Colson, III
Dennis R. Sciotto
Ronald E. Gerevas

PETERS, J.

We set forth the factual background in OMNI Energy Services Corp. v.

Rhyne, 14-251 (La.App. 3 Cir. _/_/_), __ So.3d __, and, in turning to the third of

the consolidated cases, we note that in their December 23, 2013 filing seeking a
1
devolutive appeal, Rhyne and Trauth asserted only that they were appealing the

November 10, 2013 judgment “granting in part, and denying in part, [their] Motion

for New Trial dismissing [their] claims against some, but not all, of Defendants-in-

Reconvention.” Additionally, although the December 26, 2013 Notice of Appeal

issued by the Lafayette Parish Clerk’s Office references the docket numbers

assigned to both Lafayette Parish Suit I and Lafayette Parish Suit II, the motion

and order filed by Rhyne and Trauth reference only the trial court docket number

assigned to Lafayette Parish Suit I. The Lafayette Parish Clerk’s Office notice of

appeal resulted in this court erroneously assigning a second appeal docket number

to this litigation. When the matter became docketed before this court, Lafayette

Parish Suit I was given Docket Number 14-322, and Lafayette Parish Suit II was

given Docket Number 14-323. However, the only issues before this court arise

from Lafayette Parish Suit I, and we, therefore, dismiss Docket Number 14-323 as

having no issue for this court to consider. We assess all costs of this appeal to

Robert H. Rhyne, Jr. and Brent Trauth.

APPEAL DISMISSED.

1
The trial court executed the order attached to the Notice of Appeal granting Rhyne and
Trauth a devolutive appeal on December 19, 2013, but the Notice and Order were not filed until
December 23, 2013.