Claude Coulon Jumonville, et al. VS Sunset Petroleum, Inc., et al.
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT CLAUDE COULON JOMONVILLE ET N0 2013 CW 0895 AL VERSUS SUNSET PETROLEOM INC SEP 1 3 2013 ET AL In Re Claude Coulon writs 18th Coupee Judicial No PARRO BEFORE Jumonville applying District Court supervisory for Parish of Pointe 44491 GUIDRY McDONALD HIGGINBOTHAM AND DRAKE JJ We grant the writ as to that portion of the trial court judgment dated April 24 s 2013 which sustained the exceptions of prematurity filed by WRIT GRANTED respondents judgment under we IN DENIED IN PART reverse that part of the lease judgment and we render of exceptions terminated prior denying the PART AND prematurity Operations to the filing of the action of was finding prematurity the the trial s court Accordingly erroneous La Code Civ manifestly P art 926 LaCoste v 0008 La 07 5 9 966 Hospital LLC 2007 2d So 519 In all other respects we deny the wri The trial court correctly found that the notice provision of the lease between the parties requires that respondents are entitled to In notice and opportunity to cure before an action can proceed the absence of a violation of public policy a mineral lease Pendeton Methodist the constitutes law of the and parties their regulates respective rights La R 31 B Kelly ICo LLC v S 3 A and 2d Co 509 7 4 La App Exploration and Production 0331 2013 106 3d So writ La Cir 181 denied 12 14 11 Questar 13 19 4 112 3d So 223 RHP JMG YI JM Higginbotham J and Drake J concur in part and dissent We concur in the grant of the writ as to that portion trial dated s judgment court 24 which of the 2013 April sustained the exceptions of prematurity filed by respondents and which reverses that part of the judgment and renders judgment We further concur in the denying the exceptions of prematurity denial of the writ as to hat portion of the trial court s judgment dated April 24 2013 sustaining the exceptions of want of amicable demand filed by respondents and issuing a stay as to in part causes of action arising out of the breach of the lease against respondents However we dissent in part because we would grant the writ as to that portion of the trial court judgment s dated 24 2013 Apri1 sustaining the exceptions of want of amicable demand filed by respondents as to causes of action the arising from those claims demand relator as to tort and property 1aw or We would deny these to pursue any causes causes and issuing a stay as to the exceptions of action of action and of want we would of amicable allow against respondents the which STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT N0 2013 CW PAGE do not arise out of the breach 233 2008 Energy Co 2d So 946 af in part irmed Hilcorp and remanded 0449 2009 FIRST zt EPOTY FOR CIRCUIT ca CLERK THE OF COURT COURT the App 3d lease Cir OF 2 Broussard 08 10 12 v 998 reversed in part on other grounds 0469 2009 813 COURT OF APPEAL La of 2 0895 La 09 20 10 24 3d So
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