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Luquette v. Samson Contour Energy E&P, LLC

Court of Appeals of Louisiana, Third Circuit

November 6, 2019

ALBERT LUQUETTE, JR., ET AL.
v.
SAMSON CONTOUR ENERGY E&P, LLC, ET AL.

          APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF VERMILION, NO. 92595, DIVISION "B" HONORABLE JULES DAVIS EDWARDS, DISTRICT JUDGE

          Gerald Charles deLaunay COUNSEL FOR: Plaintiffs/Appellants - Albert Luquette, Jr., Joetta Weaver, Donna Faul, and Shannon Luquette

          Stanwood R. Duval, Jr. Duval, Funderburk, Sundbery, Richard & Watkins COUNSEL FOR: Defendant/Appellee - Baby Oil, Inc.

          Adam B. Zuckerman Matthew C. Juneau Baker Donelson Bearman Caldwell & Berkowitz, PC COUNSEL FOR: Defendant/Appellee - Samson Contour Energy E&P, LLC

          Jacques P. Soileau Soileau Law Offices COUNSEL FOR: Plaintiffs/Appellants - Albert Luquette, Jr., Joetta Weaver, Donna Faul, and Shannon Luquette

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Phyllis M. Keaty, and D. Kent Savoie, Judges.

          ULYSSES GENE THIBODEAUX CHIEF JUDGE

         Plaintiffs, Albert Luquette, Jr.; Joetta Weaver; Donna Faul; and Shannon Luquette (hereinafter referred to as "Plaintiffs"), appeal the October 15, 2018 judgment in favor of Defendants, Samson Contour Energy E&P, LLC (SCE) and Baby Oil, Inc. (Baby Oil) (hereinafter referred to as "Defendants"). Plaintiffs seek review and reversal of the trial court's judgment of dismissal in favor of Defendants on grounds of abandonment. For the following reasons, we affirm the trial court's dismissal and find that the underlying case was abandoned effective as of August 2, 2015.

         I.

         ISSUES

         We must decide:

(1) whether the trial court manifestly erred in granting Defendants' motion to dismiss based on abandonment;
(2) whether Plaintiffs submitted sufficient evidence at the trial court level for this court to find that Defendants' alleged post-abandonment acknowledgement served as a waiver of their right to claim abandonment; and
(3) whether a post-abandonment supplemental and amended petition filed by Plaintiffs constitutes a step in the prosecution to ...

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