Caldwell Lands, Inc. v. Cedyco Corp.

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

07-1515

CALDWELL LANDS, INC.

VERSUS

CEDYCO CORPORATION

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APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF VERMILION, NO. 83,504 HONORABLE MARILYN CASTLE, DISTRICT JUDGE

ON REHEARING

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PER CURIAM

Court composed of John D. Saunders, Michael G. Sullivan, and James T. Genovese, Judges.

AFFIRMED.

Martin L. Morgan Attorney at Law 1331 West Causeway Approach Mandeville, Louisiana 70471 (985) 624-9920 Counsel for Defendant/Appellant: Cedyco Corporation James C. Bates Strain, Dennis & Bates, L.L.P. 318 St. Charles Street Baton Rouge, Louisiana 70802 (225) 343-0100 Counsel for Plaintiff/Appellee: Caldwell Lands, Inc.

Paul G. Moresi, Jr. The Moresi Firm, L.L.C. 111 South State Street Abbeville, Louisiana 70510 (337) 898-0111 Counsel for Plaintiff/Appellee: Caldwell Lands, Inc. PER CURIAM.

In our earlier decision, we held that Caldwell Lands, Inc. (Caldwell) had failed

to establish that Cedyco Corporation (Cedyco) was a possessor in bad faith. On

rehearing, Caldwell urges that the record does not establish that Cedyco was a

possessor in good faith; therefore, we erred in finding that Cedyco was entitled to be

reimbursed Caldwell’s portion of its production expenses.

Louisiana Civil Code Article 487 provides in pertinent part: “[A] possessor is

in good faith when he possesses by virtue of an act translative of ownership and does

not know of any defects in his ownership.” Only a good faith possessor is entitled to

reimbursement of production expenses. La.Civ.Code art. 488.

The record does not contain an act translative of ownership in Cedyco’s favor.

Accordingly, we grant Caldwell’s application for rehearing and reverse our prior

decision to the extent that it ordered Caldwell to reimburse Cedyco for its production

expenses and remanded this matter to the trial court for a determination of those

expenses. The judgment of the trial court is affirmed in all respects.