Sea Mar, Inc. v. Rowan Companies, Inc.

Full title: SEA MAR, INC. ET AL. v. ROWAN COMPANIES, INC

Court: Supreme Court of Louisiana

Date published: May 15, 1998

714 So. 2d 680 (La. 1998)

Opinion

No. 98-CC-1190

May 15, 1998

IN RE: Rowan Companies Inc.; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of Iberia 16th Judicial District Court Div. "E" Number 88,369; to the Court of Appeal, Third Circuit, Number CW98-0632

Motion granting preliminary injunction enjoining the defendant, Rowan Companies, Inc., from prosecuting its action in Harris County, Texas is reversed. La. Code Civ.P. art. 532 is not applicable here where the second suit was filed in Texas. Nothing in this order prevents plaintiff from seeking relief in Texas with regard to the Texas action.

JTK

PFC

WFM

CDK

CDT

LEMMON, J. concurs and assigns reasons.

JOHNSON, J. not on panel.

VICTORY, J. concurs and assigns reasons.

LEMMON and VICTORY, J.J., Concurring

The intermediate appellate court decisions in Bell v. Travelers Indem. Co., 500 So.2d 828 (La.App. 1st Cir. 1986),Cajun Elec. Power Co-Op. v. Triton Coal Co., 590 So.2d 813 (La.App. 4th Cir. 1991), and Hernandez v. Star Master Shipping Corp., 94-1553 (La.App. 1st Cir. 1995); 653 So.2d 1318 were incorrect and should be overruled. Those decisions misinterpretedTransAmerica Ins. Co. v. Whitney Nat'l Bank of N.O., 206 So.2d 500 (La. 1968), in which the foreign case was filedbefore the Louisiana case, and La. Code Civ.Proc. art. 562 squarely applied in that situation.