Jerry Suire v. Oleum Operating Co.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

13-736

JERRY J. SUIRE AND
ANTONIA G. SUIRE, ET AL.
VERSUS
OLEUM OPERATING COMPANY, L.C.

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, DOCKET NO. 2007-697, Div. H
HONORABLE RONALD F. WARE, DISTRICT JUDGE
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ON REHEARING

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JAMES T. GENOVESE
JUDGE
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Court composed of Sylvia R. Cooks, Jimmie C. Peters, and James T. Genovese,
Judges.

REHEARING GRANTED;
AND REMANDED.

Joseph P. Hebert
Paul Matthew Jones
Brian W. Capell
Liskow & Lewis
822 Harding Street
Post Office Box 52008
Lafayette, Louisiana 70505
(337) 232-7424
COUNSEL FOR DEFENDANTS/APPELLANTS:
Oleum Operating Company, L.C. and
AKSM, L.C.

Michael G. Hodgkins
Jere Jay Bice
Veron, Bice, Palermo & Wilson, L.L.C.
721 Kirby Street
Post Office Box 2125
Lake Charles, Louisiana 70602-2125
(337) 310-1600
COUNSEL FOR PLAINTIFFS/APPELLEES:
Jerry J. Suire and Antonia G. Suire
COUNSEL FOR PLAINTIFF IN RECONVENTION/APPELLEE:
J & J Onshore Production, Inc.

Charles R. Minyard
600 Jefferson Street, Suite 501
Lafayette, Louisiana 70502
(337) 266-2300
COUNSEL FOR PLAINTIFFS/APPELLEES:
Jerry J. Suire and Antonia G. Suire
COUNSEL FOR PLAINTIFF IN RECONVENTION/APPELLEE:
J & J Onshore Production, Inc.

J. Clayton Johnson
Brett P. Furr
Edward D. Hughes
Taylor, Porter, Brooks, & Phillips, LLP
451 Florida Street, 8th Floor
Post Office Box 2471
Baton Rouge, Louisiana 70821
(225) 387-3221
COUNSEL FOR INTERVENORS/APPELLEES:
Preston Andrews Price and Susan R. Price and
Steven Haller and Paula Haller

GENOVESE, Judge.

Considering the applications for rehearing by Plaintiffs, Jerry J. and

Antonia G. Suire and J & J Onshore Production, Inc., and Intervenors, Preston A.

Price and Susan R. Price and Steven Haller and Paula Haller, we grant this

rehearing limited solely to the issues of the award of legal interest on past due

royalties owed and a remand of the matter to the trial court for further proceedings.

In our original opinion, we affirmed the judgment of the trial court awarding

Plaintiffs, Jerry J. and Antonia G. Suire and J & J Onshore Production, Inc.,

damages for past due royalties owed. Similarly, we affirmed, as amended, the

judgment of the trial court awarding Intervenors, Preston A. Price and Susan R.

Price and Steven Haller and Paula Haller, damages for past due royalties owed.

However, the opinion of this court improvidently modified the trial court’s

calculation of legal interest1 due to the parties on this element of damages “from

the date each payment was due until paid” to “legal interest from the date each

payment was due up through July 2, 2008.” On rehearing, in order to correct this

error, we amend the prior disposition of this matter relative to the calculation of

legal interest on past due royalties owed to allow legal interest from the date each

payment was due until paid.

The second issue raised on rehearing concerns the absence of an express

remand despite this court’s determination that “Sweet Lake is a party needed for

just adjudication pursuant to La.Code Civ.P. art. 641[.]” Finding remand to be

appropriate, on rehearing, we supplement our prior disposition of this matter by

ordering a remand of the matter to the trial court for further proceedings.

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The equivalent term “judicial interest” is used in the trial court’s judgment.

Therefore, on rehearing, we hereby amend and supplement our prior

disposition of this matter as follows:

DISPOSITION ON REHEARING

Based on the foregoing, we affirm the trial court’s damage award of

$283,282.79 for past due royalties owed in favor of Jerry J. and Antonio G. Suire

and against Oleum Operating Company, L.C. and AKSM, L.C., together with legal

interest from the date each payment was due until paid. We affirm the trial

court’s award of damages for past due royalties owed in favor of Steven Haller and

against Oleum Operating Company, L.C. and AKSM, L.C., but amend the amount

of the award to $13,475.00, together with legal interest from the date each payment

was due until paid. We affirm the trial court’s award of damages for past due

royalties owed in favor of Paula Haller and against Oleum Operating Company,

L.C. and AKSM, L.C., but amend the amount of the award to $13,475.00, together

with legal interest from the date each payment was due until paid. We affirm the

trial court’s award of damages for past due royalties owed in favor of

Preston A. Price and Susan R. Price and against Oleum Operating Company, L.C.

and AKSM, L.C., but amend the amount of the award to $27,049.00, together with

legal interest from the date each payment was due until paid. Finally, we remand

this matter to the trial court for further proceedings consistent with this opinion.

All other aspects of our original judgment remain in full force and effect as stated

therein.

REHEARING GRANTED;
AND REMANDED.

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