In Re: Occidental Chemical Corporation, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 34,202.
BEFORE: WELCH,
CRAIN,
AND HOLDRIDGE,
JJ.
WRIT GRANTED. The district court's ruling of December 16, 2016, that denied Occidental Chemical Corporation's Motion for Leave to File Amended, Supplemental, and Restated Claims is hereby reversed. We grant the motion since the trial date has been continued.
GH
JEW
Crain, J., concurs. In Crosstex v. Texas Brine Co. 2016CW0852 (La. App. 1 Cir. 10/7/16), this Court ordered that Occidental Chemical Company be given the opportunity to amend its third party petition to state a cause of action, if possible, within a delay deemed reasonable by the trial court. Thereafter, Occidental filed a request for leave to amend its claims, which was denied by the trial court. The record does not reflect the reasoning for the denial. On this record, it was error for the trial court to fail to comply with this Court's earlier order to grant Occidental the opportunity to amend its pleading. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT