Suire v. Oleum Operating Co.
Decision Date | 02 November 2017 |
Docket Number | 17–117 |
Citation | 235 So.3d 1215 |
Parties | Jerry J. SUIRE, et al. v. OLEUM OPERATING COMPANY, et al. |
Court | Court of Appeal of Louisiana — District of US |
Joseph P. Hebert, Paul Matthew Jones, Brian W. Capell, Liskow & Lewis, Post Office Box 52008, Lafayette, Louisiana 70505, (337) 232–7424, Counsel for Defendants/Appellants: Oleum Operating Company, L.C., AKSM, L.C.
Guy E. Wall, Jonathan R. Cook, Maurine Wall Laborde, Wall, Bullington & Cook, LLC, 540 Elmwood Park Boulevard, Harahan, Louisiana 70123, (504) 736–0347, Counsel for Defendant/Appellant: Sweet Lake Land & Oil Company, L.L.C.
Chadwick W. Collings, C. Randall Loewen, Milling Benson Woodward L.L.P., 68031 Capital Trace Row, Mandeville, Louisiana 70471, (985) 292–2000, Counsel for Plaintiffs/Appellees: Jerry J. Suire, Antonia Suire, J & J Onshore Production, Inc.
Brett P. Furr, Edward D. Hughes, Taylor, Porter, Brooks, & Phillips, LLP, Post Office Box 2471, Baton Rouge, Louisiana 70821, (225) 387–3221, Counsel for Intervenors/Appellees: Preston Andrews Price, Susan R. Price, Steven Haller, Paula Haller
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Phyllis M. Keaty, and Candyce G. Perret, Judges.
In this suit for damages arising out of a mineral lease, the current operators/lessees, Oleum Operating Company, L.C. and AKSM, L.C., and the owner/lessor, Sweet Lake Land & Oil Company, L.L.C., appeal the trial court's grant of a Motion for Partial Summary Judgment in favor of the overriding royalty interest (ORI) owners, Jerry J. Suire, Antonia Suire, J & J Onshore Production, Inc.,1 Preston Andrews Price, Susan R. Price, Steven Haller, and Paula Haller. For the following reasons, the trial court's judgment is affirmed.
This court is familiar with the factual and procedural history in light of Suire v. Oleum Operating Co., L.C. , 13-736 (La.App. 3 Cir. 2/5/14), 135 So.3d 87, writs denied , 14-982 (La. 8/25/14), 147 So.3d 1120 and 14–987 (La. 9/12/14), 147 So.3d 707. As the facts have not materially changed since that opinion, we adopt the facts set forth therein by reference as though set forth in full herein:
The parties appealed, and this court issued a ruling on February 5, 2014. Suire , 135 So.3d 87. Therein, this court affirmed the trial court's judgment ordering payment to the Suires, Prices, and Hallers of past-due ORIs "through July 2, 2008." Id. at 104. It reversed the trial court's judgment with respect to payment of past-due ORIs "post 2008 Release and New Lease (i.e., July 2, 2008)."11 Id. The third circuit found that Sweet Lake was "a party needed for just adjudication[.]" Id. at 96. On rehearing, this court supplemented its previous disposition by "ordering a remand of the matter to the trial court for further proceedings." Id. at 105. Writs were then denied by the Louisiana Supreme Court on August 25, 2014 and September 12, 2014. Id.
Following remand to the trial court, the ORI owners amended their petitions and named Sweet Lake and Michael Snell as additional Defendants. Oleum and Mr. Snell filed exceptions of res judicata and no cause of action—law of the case. Following a hearing on June 15, 2015, and pursuant to a written judgment rendered on July 1, 2015, the trial court denied the exceptions. Writs were denied by both this court and the Louisiana Supreme Court. Suire v. Oleum , 15–667 (La.App. 3 Cir. 10/2/15) and 15–2011 (La. 12/7/15).
On April 11, 2016, the Suires and J & J Onshore filed a Motion for Partial Summary Judgment, which was subsequently adopted by the Hallers and Prices. Oleum and Sweet Lake filed oppositions. The ORI owners filed reply memorandums, objecting to certain exhibits attached to Oleum and Sweet Lake's opposition memorandums. The Motion for Partial Summary Judgment was ultimately granted in favor of the ORI owners following a hearing on July 18, 2016. A written judgment was signed on August 15, 2016. Thereafter, Oleum and Sweet Lake filed motions for a new trial, which were denied by the trial court on October 11, 2016. Oleum and Sweet Lake appealed the trial court's judgment.12
On appeal, Oleum asserts the following assignments of error:
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