Calvin J. Hill, individually and as the of The Succession of Elnore Johnson Hill v. TMR Exploration, park Exploration, Inc. and Vitol Resources, Inc.

Louisiana Court of Appeal

Calvin J. Hill, individually and as the of The Succession of Elnore Johnson Hill v. TMR Exploration, park Exploration, Inc. and Vitol Resources, Inc.

DecidedNovember 25, 2019

Docket2019CW1096

StatusUnknown

This text of Calvin J. Hill, individually and as the of The Succession of Elnore Johnson Hill v. TMR Exploration, park Exploration, Inc. and Vitol Resources, Inc. (Calvin J. Hill, individually and as the of The Succession of Elnore Johnson Hill v. TMR Exploration, park Exploration, Inc. and Vitol Resources, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Calvin J. Hill, individually and as the of The Succession of Elnore Johnson Hill v. TMR Exploration, park Exploration, Inc. and Vitol Resources, Inc., (La. Ct. App. 2019).

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Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CALVIN J. HILL, INDIVIDUALLY NO. 2019 CW 1096 AND AS THE EXECUTOR OF THE SUCCESSION OF ELNORA JOHNSON HILL

VERSUS

TMR EXPLORATION, INC., PARK NO Y 2 5 2019 EXPLORATION, INC., AND VITOL RESOURCES, INC.

In Re: Raymond J. Lasseigne, applying for supervisory writs,

18th Judicial District Court, Parish of West Baton Rouge, No. 41245.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The trial court' s February 28, 2019 judgment denying Raymond J. Lasseigne' s exception raising the objection

of res judicata directed to Felix Hill' s First Supplemental and

Amending Petition of Intervention is reversed. All claims

asserted by Felix Hill, plaintiff -in -intervention, against

Raymond J. Lasseigne dismissed 1, were with prejudice on July 2015. Felix Hill did not seek a new trial in connection with the July 1, 2015 judgment nor did he appeal from this judgment. See Hill v. TMR Exploration, Inc., 2016- 0566 ( La. 1st Cir. App. 6/ 13/ 17), 223 So. 3d 556, writ denied, 2017- 1163 ( La. 10/ 27/ 17), 228 So. 3d 1227. A judgment of dismissal with prejudice shall

have the effect of a final judgment of absolute dismissal after trial. La. Code Civ. P. art. 1673. A final judgment is conclusive between the parties except on direct review; it acquires the authority of the thing adjudged if no further review is sought within the time fixed by law or if the judgment is confirmed on review. Avery v. CitiMortgage, Inc., 2008- 2052 La. App. 1st Cir. 5/ 13/ 09), 15 So. 3d 240, 242 ( citations omitted). Although some of the plaintiffs successfully appealed from the July 1, 2015 judgment, a final judgment cannot be set aside or changed on appeal except as to those who are parties to the appeal. D® Phillips v. Hospital Services District No. I of

Tangipahoa Parish, 2017- 1423 ( La. 1st Cir. 7/ 18/ 18), 255 App. Sc. 3d 1, 5, writ granted, cause remanded, 2018-- 1386 ( La. 12/ 17/ 18), 258 So. 3d 584. Therefore, the July 1, 2015 judgment is a final judgment as to Felix Hill and bars relitigation of

his claims against Raymond J. Lasseigne. Consequently, we grant the exception of res judicata filed by Raymond J. Lasseigne and dismiss the claims asserted against him by plaintiff -in - intervention, Felix Hill, with prejudice.

JMM MRT WRC

COURT OF APPEAL, FIRST CIRCUIT f

DEPUTY CLERK OF COURT FOR THE COURT

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STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

CALVIN J. HILL, INDIVIDUALLY NO. 2019 CW 1096 AND AS THE EXECUTOR OF THE SUCCESSION OF ELNORA JOHNSON HILL

VERSUS

TMR EXPLORATION, INC., PARK NO Y 2 5 2019 EXPLORATION, INC., AND VITOL RESOURCES, INC.

In Re: Raymond J. Lasseigne, applying for supervisory writs,

18th Judicial District Court, Parish of West Baton Rouge, No. 41245.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The trial court' s February 28, 2019 judgment denying Raymond J. Lasseigne' s exception raising the objection

of res judicata directed to Felix Hill' s First Supplemental and

Amending Petition of Intervention is reversed. All claims

asserted by Felix Hill, plaintiff -in -intervention, against

Raymond J. Lasseigne dismissed 1, were with prejudice on July 2015. Felix Hill did not seek a new trial in connection with the July 1, 2015 judgment nor did he appeal from this judgment. See Hill v. TMR Exploration, Inc., 2016- 0566 ( La. 1st Cir. App. 6/ 13/ 17), 223 So. 3d 556, writ denied, 2017- 1163 ( La. 10/ 27/ 17), 228 So. 3d 1227. A judgment of dismissal with prejudice shall

have the effect of a final judgment of absolute dismissal after trial. La. Code Civ. P. art. 1673. A final judgment is conclusive between the parties except on direct review; it acquires the authority of the thing adjudged if no further review is sought within the time fixed by law or if the judgment is confirmed on review. Avery v. CitiMortgage, Inc., 2008- 2052 La. App. 1st Cir. 5/ 13/ 09), 15 So. 3d 240, 242 ( citations omitted). Although some of the plaintiffs successfully appealed from the July 1, 2015 judgment, a final judgment cannot be set aside or changed on appeal except as to those who are parties to the appeal. D® Phillips v. Hospital Services District No. I of

Tangipahoa Parish, 2017- 1423 ( La. 1st Cir. 7/ 18/ 18), 255 App. Sc. 3d 1, 5, writ granted, cause remanded, 2018-- 1386 ( La. 12/ 17/ 18), 258 So. 3d 584. Therefore, the July 1, 2015 judgment is a final judgment as to Felix Hill and bars relitigation of

his claims against Raymond J. Lasseigne. Consequently, we grant the exception of res judicata filed by Raymond J. Lasseigne and dismiss the claims asserted against him by plaintiff -in - intervention, Felix Hill, with prejudice.

JMM MRT WRC

COURT OF APPEAL, FIRST CIRCUIT f

DEPUTY CLERK OF COURT FOR THE COURT

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