August Levert, Jr., Family, LLC Ronald R. Levert Paul M. Levert Mark W. Levert, Jr. John E. Sanford James L. Sanford and Campo E. Matens v. BP America Production Company

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

AUGUST J. LEVERT, JR., NO. 2023 CW 0349 FAMILY, LLC; RONALD R.

LEVERT; PAUL M. LEVERT; MARK

W. LEVERT, JR.; JOHN E. SANFORD; JAMES L. SANFORD;

AND CAMPO E. MATENS

VERSUS MAY 5, 2023

BP AMERICA PRODUCTION COMPANY

In Re: BP America Production Company, applying for

supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 78953.

BEFORE: GUIDRY, C. J., McCLENDON AND WELCH, JJ.

WRIT GRANTED. The district court' s April 19, 2023 judgment

granting partial summary judgment in favor of Thomas James

Levert, John Michael Levert, Paul M. Levert, Mark W. Levert,

Jr., John E. Sanford, James L. Sanford, and Campo E. Matens

collectively referred to as " the Leverts") is hereby reversed. The mineral lease executed by members of the Schwing family and BP' s predecessor holds the lessee and its assignees responsible

for damages suffered by " Lessor," which is specifically defined therein as certain members of the Schwing family. It is well- established that such limiting language precludes a party from

enjoying third -party beneficiary status. See Lejeune Bros.,

Inc. v. Goodrich Petroleum Co., LLC, 2006- 1557 ( La. App. 3d Cir. 11/ 28/ 07), 981 So. 2d 23, writ denied, 2008- 0298 ( La. 4/ 4/ 08), 978 So. 2d 327; Broussard v. Northcott Exploration Co., Inc., 481 So. 2d 125 ( La. 1986). As such, the Leverts failed to establish

they were entitled to judgment as a matter of law. Accordingly, the Leverts' motion for partial summary judgment is denied.

JMG JEW

McClendon, J., concurs with the result reached by the

majority.

DEPUTY CLERK OF COURT FOR THE COURT