STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT DEVON ENERGY PRODUCTION NO. 2020 CW 0992 COMPANY, L. P.

VERSUS

LOUISIANA DEPARTMENT OF NATURAL RESOURCES AND THOMAS HARRIS, IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE LOUISIANA DEPARTMENT OF DECEIVER 30, 2020 NATURAL RESOURCES

In Re: Devon Energy Production L. P., for Company, applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 699354.

BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.

WRIT GRANTED. We reverse the October 20, 2020 district court judgment that granted the dilatory exception of lis pendens and stayed this action. The party filing the objection of lis pendens has the burden of proving the facts necessary for the exception to be granted. Patten/ Jenkins BR Popeyes, L. L. C. v. SRG Baton Rouge II, L. L. C., 2019- 1160 ( La. 1st Cir. App. 6/ 16/ 20), So. 3d1 2020 WL 3249296, * 6. The Louisiana Department of Natural Resources did not meet its burden of proving its entitlement to the relief sought in that the two actions do not arise from the same transaction or occurrence. The exception of lis pendens is denied.

JMG PMC WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY i L RK tk OF COURT FOR THE COURT