NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT

NO. 2018 CA 0206 FLORIDA GAS TRANSMISSION COMPANY, ET AL.

VERSUS TEXAS BRINE COMPANY, LLC, ET AL.

On appeal from the 23" Judicial District Court Parish of Assumption, State of Louisiana _ No. 34316 ' NAY 1 9 MO The Honorable Thomas J. Kliebert Jr., Judge Presiding

James M. Garner Attorneys for Appellant, Leopold Z. Sher Texas Brine Company, LLC Peter L. Hilbert Jr. Jeffrey D. Kessler Amanda R. Schenck New Orleans, Louisiana and

Robert Ryland Percy III Gonzales, Louisiana and Travis J. Turner Gonzales, Louisiana

Thear J. Lemoine Attorney for Appellee, New Orleans, Louisiana National Surety Corporation

BEFORE: McDONALD, CRAIN, 1 AND LANIER, JJ.

Justice Will Crain is serving as judge ad hoc by special appointment of the Louisiana Supreme Court.

CRAIN, J.

This case arises out of the sinkhole that developed in Assumption Parish after the collapse of a salt cavern in the Napoleonville Salt Dome. Texas Brine Company,

LLC, appeals a summary judgment dismissing its claims against National Surety Corporation, the homeowner' s insurer of Sol Kirschner, based on a policy exclusion.

Since the appeal was taken, this court affirmed judgments dismissing tort and contract claims asserted against Kirschner. See Florida Gas Transmission

Company, LLC v. Texas Brine Company, LLC, 18- 1778 ( La. App. 1 Cir. 12/ 27/ 19), So. 3d ( 2019WL7206876) ( affirming dismissal of contract claims against

Kirschner), writ denied, 20- 00332 ( La. 5/ 7/ 20), So. 3d ( 2020WL2300060);

Florida Gas Transmission Company, LLC v. Texas Brine Company, LLC, 18- 0549, 2019WL2723560 (La. App. 1 Cir. 7/ 1/ 19) ( affirming dismissal of tort claims against Kirschner), writ denied, 19- 01227 ( La. 10/ 15/ 19), 280 So. 3d 611; see also Florida

Gas Transmission Company, LLC v. Texas Brine Company, LLC, 18- 1714 ( La. App. Cir. 11/ 15/ 19), 290 So. 3d 719 ( finding the appeal duplicative of the appeal docketed as 2018 CA 0549, and moot). Texas Brine now has neither a substantive

cause of action against Kirschner nor a procedural right of action under the Direct

Action Statute against National Surety. See La. R.S. 22: 1269. Consequently, this appeal is moot and this court lacks jurisdiction to consider its merits. See Crosstex

Energy Services, LP v. Texas Brine Company, LLC, 18- 0117, 2018WL 10035630 La. App. 1 Cir. 11/ 20/ 18); see also Ulrich v. Robinson, 18- 0534 ( La. 3/ 26/ 19), 282 So. 3d 180, 186 ( recognizing jurisdiction may abate if a case becomes moot during the litigation).

Complying with Uniform Rules — Courts of Appeal, Rule 2- 16. 2A( 3), this

appeal is dismissed at Texas Brine' s cost. National Surety' s costs motion, urged if costs are assessed against it, is also dismissed as moot.

APPEAL DISMISSED; MOTION DISMISSED.

N