J-Lu Ltd Co v. Will-Drill Resources, Inc.

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

NOT DESIGNATED FOR PUBLICATION
Hunter William Lundy Jackey White South
Lundy, Lundy, Soileau & South Lundy, Lundy, Soileau & South
P. O. Box 3010 501 Broad Street
Lake Charles LA 70602 Lake Charles LA 70602

Daniel A. Kramer Candace P. Howay
Lundy, Lundy, Soileau & South Lundy, Lundy, Soileau
P. O. Box 3010 501 Broad Street
Lake Charles LA 70602 Lake Charles LA 70602-3010

Jonathan Hadley Fontenot
Attorney at Law
P. O. Box 4407
Lake Charles LA 70606

REHEARING ACTION: August 31, 2016

Docket Number: 16 00418-CW

J-LU LTD CO, ET AL.
VERSUS
WILL-DRILL RESOURCES, INC.,
ET AL.

Writ Application from Beauregard Parish Case No. C-2014-0383

BEFORE JUDGES:

Hon. Jimmie C. Peters
Hon. James T. Genovese
Hon. Shannon J. Gremillion

As counsel of record in the captioned case, you are hereby notified that the ruling on

the application for rehearing filed by James Michael Roberson, Jr., et al is:

REHEARING GRANTED.
WRIT DENIED. We find that the dispute herein is a simple, contractual
dispute which has no effect on any order of the Commissioner of the Office
of Conservation. The relators and respondents entered into a contract
whereby the respondents would develop the property at issue for all parties.
The relators do not attack the Commissioner’s existing order, but instead,
question the way the respondents have implemented that order.
Additionally, the respondents do not seek a permanent injunction to prohibit
the Commissioner from issuing additional orders. Instead, the relators seek
to prevent the respondents from causing the relators more damages by
continuing to violate their contract. Accordingly, we conclude that the
Commissioner has no interest in the litigation and that the Commissioner’s
authority would not be called into question; thus, we hereby deny the writ.

cc: Philip Edward Downer, III, Counsel for the Applicant
Jacob M. Oakley, Counsel for the Applicant