Opinion
NO. 2017 CW 0782
07-24-2017
CROSSTEX ENERGY SERVICES, LP, CROSSTEX LIG, LLC AND CROSSTEX PROCESSING SERVICES, LLC v. TEXAS BRINE COMPANY, LLC, ET AL
In Re: Texas Brine Company, LLC, applying for supervisory writs, 22nd Judicial District Court, Parish of Assumption, No. 34202. BEFORE: THERIOT, CHUTZ AND PENZATO, JJ.
WRIT NOT CONSIDERED. It cannot be determined from the writ application whether the writ application is timely filed. See Uniform Rules of Louisiana Courts of Appeal, Rule 4-3. If the amended judgment of May 9, 2017 only alters the phraseology or correct errors of calculation, the amendment does not affect the delay periods. See Cleveland v. Theriot-Modec Enterprises, Inc., 469 So.2d 1215, 1216 (La. App. 1 Cir. 1985). Conversely, when a trial court substantively amends a judgment without recourse to the proper procedure, the amended judgment is an absolute nullity. Frisard v. Autin, 98-2637 (La. App. 1 Cir. 12/28/99), 747 So.2d 813, 819.
Supplementation of this writ application and/or an application for rehearing will not be considered. Rules 2-18.7 & 4-9, Uniform Rules of Louisiana Courts of Appeal.
Any future filing on the issues presented in this writ application should include the entire contents of this application, the omitted items as noted above, and a copy of this ruling. Further, in the event relator elects to file a new application with this Court, the application shall be filed on or before August 4, 2017.
WRC
AHP
Theriot, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT