STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT FLORIDA GAS TRANSMISSION NO. 2022 CW 0866 COMPANY, LLC

VERSUS

TEXAS BRINE COMPANY, LLC AUGUST 16, 2022

In Re: Texas Brine Company, LLC, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 34316.

BEFORE: McDONALD, THERIOT, AND HOLDRIDGE, 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 MRT GH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT