QUANTUM RESOURCES MANAGEMENT, L.L.C., AND MILAGRO PRODUCING, L.L.C.
PIRATE LAKE OIL CORP., ET AL
APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 686-816, DIVISION
"M" HONORABLE HENRY G. SULLIVAN, JR., JUDGE
COUNSEL FOR DEFENDANT/APPELLEE, ALLEN KENT JONES R. Lee Eddy,
COUNSEL FOR DEFENDANT/APPELLANT, PATRICK KENT LINDSEY JONES
composed of Judges Marc E. Johnson, Robert A. Chaisson, and
Hans J. Liljeberg
J. LILJEBERG JUDGE
concursus proceeding, Patrick Kent Lindsey Jones appeals the
trial court's June 18, 2018 judgment, ordering the Clerk
of Court to disburse the funds remaining in the registry of
the court in this proceeding to Allen Kent Jones. Allen has
filed a Motion to Dismiss the appeal, arguing that the
judgment at issue is interlocutory and thus, non-appealable.
Finding that the judgment at issue is indeed interlocutory,
we grant the motion and dismiss this appeal.
lawsuit was filed as a concursus proceeding concerning the
ownership and disbursement of revenues from oil and gas
producing wells. Allen Kent Jones and his children,
including Patrick Kent Lindsey Jones, were among several
parties named as defendants-in-concursus in this matter,
after they were identified as possibly having an ownership
interest in portions of the property upon which the producing
wells were situated. Concursus plaintiffs, Quantum Resources
Management, L.L.C. and Milagro Producing, L.L.C., deposited
production proceeds from the producing wells attributable to
the disputed property into the registry of the court.
property at issue in this matter was owned by Elizabeth Jones
as her separate property until her death in 1989. Although
she executed a testament bequeathing all of her property to
her surviving spouse, Allen Kent Jones, Louisiana law
provided at the time of her death that all children of the
deceased, regardless of age, were forced heirs. In a
succession proceeding, pursuant to the laws of forced
heirship, Allen was placed into possession of half of
Elizabeth's interest in and to the subject property in
full ownership, and the Jones' three children were placed
into possession of the remaining half of her interest in and
to the subject property as naked owners, subject to a
lifetime usufruct in favor of Allen. Based on their interests
in the subject property, Allen, Patrick, and others have
asserted claims to portions of the funds deposited into the
registry of the court.
Quantum Resources Management, L.L.C., et al. v. Pirate
Lake Oil Corp, et al., 12-256 (La.App. 5 Cir. 11/13/12),
105 So.3d 867, writ denied, 13-84 (La. 3/8/13), 109
So.3d 361, this Court was called on to determine whether
Allen Jones, as usufructuary of the subject property, was
entitled to the portion of proceeds in the registry of the
court attributable to his children's naked ownership
interest in and to the subject property. This Court set forth
the pertinent facts involved in the dispute, analyzed the
applicable law, and ultimately determined that Allen Jones,
"as usufructuary, is entitled to the mineral proceeds
deposited into the registry of the court in proportion to the
naked owners' interest in and to the subject
property." Quantum Resources Management,
L.L.C., 105 So.3d at 874.
several years and various legal filings, on June 13, 2018,
Allen filed a Motion to Disburse Funds in the Registry of the
Court. On June 18, 2018, the trial court signed a judgment
ordering the Clerk of Court for the 24th Judicial
District Court to disburse all funds remaining in the
registry of the court in this proceeding to Allen Kent Jones,
pursuant to this Court's decision in Quantum
Resources Management, L.L.C., supra, which
confirmed that Allen is entitled to the remaining mineral
proceeds deposited in the registry of the court.
filed a Motion for Suspensive Appeal, seeking review of the
June 18, 2018 judgment. The trial court granted the motion on
June 26, 2018. Thereafter, Allen filed a supervisory writ
with this Court seeking review of the Order granting a
suspensive appeal in this matter, but this Court denied writs
on August 15, 2018. Quantum Resources Management, L.L.C.
v. Pirate Lake Oil Corp., 18-C-417 (La.App. 5 Cir.
8/15/18) (unpublished writ disposition).
October 25, 2018, Allen filed a Motion to Dismiss Lodged
Appeal in this Court. We now address whether the judgment at
issue is subject to review under our appellate jurisdiction.
C.C.P. art. 2083 provides that a final judgment is appealable
in all causes in which appeals are given by law. This article
further provides that an interlocutory judgment is appealable
only when expressly provided by law. Bank of New York v.
Holden, 15-466 (La.App. 5 Cir. 12/23/15), 182 So.3d
1206, 1208; Holthausen v. DMartino, L.L.C., 11-561
(La.App. 5 Cir. 1/4/12), 86 So.3d 639, 642. A final judgment
is a judgment that "determines the merits in whole or in
part," and an interlocutory judgment is one that
"does not determine the merits but only preliminary
matters in the course of the action. La. C.C.P. art. 1841;
Bank of New York, 182 So.3d at 1208.
present case, the trial court's judgment ordering the
Clerk of Court to disburse all funds remaining in the
registry of the court to Allen did not determine the merits
of this litigation in whole or in part. Rather, it ordered
action pursuant to and in accordance with this Court's