C. L. Bryant, Et Al. v. Xto Energy, Inc., Et Al.

Supreme Court of Louisiana
November 16, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
C. L. BRYANT, ET AL.
VS.
XTO ENERGY, INC., ET AL.
No. 2022-CC-01321
_ _
_ _ _ _
IN
RE: Elm Springs, Inc. - Applicant Defendant; Applying For Supervisory Writ,
Parish of Desoto, 42nd Judicial District Court Number(s) 79,549, Court of Appeal,
Second Circuit, Number(s) 54,806-CW;
_ _ _ _ _ _
November 16, 2022
Writ application granted. See per curiam.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
11/16/2022 "See News Release 050 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No
. 2022-CC-01321
C
. L.
BRYANT, ET AL.
VS.
XTO ENERGY, INC., ET AL.
O
n Supervisory Writ to the 42nd Judicial District Court, Parish of Desoto
P
ER CURIAM
B
ecause the district court contemplated a written judgment, relator’s notice of
intent, which was filed after the oral ruling but prior to the signing of the written
judgments, was premature. See Kosmitis v. Bailey, 96-1573 (La. 10/4/96), 680 So.2d
1167. However, any defect was cured when the district court signed the written
judgments and set a return date. Relator’s application, which was already pending
in the court of appeal, is therefore timely.
Accordingly, the writ is granted, and the case is rem anded to the court of
appeal for consideration of relator’s application on the merits.
11/16/22