Jerry Suire v. Oleum Operating Co.

REHEARING ACTION: April 9, 2014

Docket Number: 13 00736-CA JERRY SUIRE, ET AL.

VERSUS OLEUM OPERATING CO., ET AL.

Appealed from Calcasieu Parish Case No. 2007-697

BEFORE JUDGES: Hon. Sylvia R. Cooks Hon. Jimmie C. Peters Hon. James T. Genovese

As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Jerry J. Suire, Antonia G. Suire, and J & J Onshore Production, Inc.; and the application for rehearing filed by Preston A. Price, Susan R. Price, Steven Haller, and Paula Haller have this day been GRANTED. (See attached opinion) cc: John Michael Veron, Counsel for the Appellee Charles Ray Minyard, Counsel for the Appellee Michael Glenn Hodgkins, Counsel for the Appellee John Miller Shuey Jr., Counsel for the Appellant Brian W. Capell, Counsel for the Appellant Paul Matthew Jones, Counsel for the Appellant J. Clayton Johnson, Jr., Counsel for Intervenor 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.

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

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 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. 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 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 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.

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.