Dunn v. Land and Marine Properties, Inc.

609 So. 2d 284, 1992 La. App. LEXIS 3243, 1992 WL 319674
CourtLouisiana Court of Appeal
DecidedNovember 4, 1992
Docket91-847
StatusPublished
Cited by7 cases

This text of 609 So. 2d 284 (Dunn v. Land and Marine Properties, 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.

Bluebook
Dunn v. Land and Marine Properties, Inc., 609 So. 2d 284, 1992 La. App. LEXIS 3243, 1992 WL 319674 (La. Ct. App. 1992).

Opinion

609 So.2d 284 (1992)

Jessie M. DUNN, Sr., et al., Plaintiff-Appellee,
v.
LAND AND MARINE PROPERTIES, INC., et al., Defendant-Appellants.

No. 91-847.

Court of Appeal of Louisiana, Third Circuit.

November 4, 1992.
Rehearing Denied December 22, 1992.

*285 Dale J. Brou, Boutte, for plaintiff/appellee.

Wm. H. Goforth, Lafayette, for plaintiff/appellee Heirs of Leona Gothreaux.

Brian P. Charboneaux, New Orleans, for defendant/appellant.

Before GUIDRY, J., and CULPEPPER[*] and SALOOM[*], JJ. Pro Tem.

WILLIAM A. CULPEPPER, Judge Pro Tem.

This is an action of nullity. The Dunn heirs signed a "Contract of Representation" with Land and Marine Properties, Inc., to recover property from the Dunn Estate. The contract granted a mineral lease to the company as partial payment. The contract included a provision empowering the company to, "... perform all administrative and legal work, including the pursuit of litigation if necessary." The contract was assigned to an attorney, Mr. Haik, who filed a petition for possession in the Dunn Succession. The judgment of possession was granted and gave Mr. Haik almost half the estate. The heirs filed a petition to nullify the judgment of possession, *286 the contract of representation, and the mineral lease. On a motion for summary judgment, the trial court declared the contract of representation null and set aside the judgment of possession. However, the trial court denied summary judgment as to the mineral lease. Both sides appeal.

FACTS

In the case of Texaco v. Empire Land Company, et al, Docket No. 83-0166, U.S. District Court for the Western District of Louisiana, sixty acres of land in St. Martin Parish, which was included in two oil production units, was determined to be property of the heirs of John Dunn, Sr. and James Dunn. Approximately $500,000.00 in oil revenue is in the Registry of the U.S. District Court for the Dunn heirs. John Dunn, Sr. died in 1899 and James Dunn, his brother, died in 1870. They died intestate. No succession proceeding was begun before 1989.

On March 31, 1987, the Dunn heirs entered into a "Contract of Representation" with Land and Marine Properties, Inc. The purpose of this contract was for Land and Marine Properties, Inc. to help the Dunn heirs acquire ownership of their ancestors' estate. Land and Marine Properties, Inc. was to search the public records, prepare abstracts, investigate ancestry and family history, and perform "all necessary administrative and legal work, including the pursuit of litigation if necessary." The contract called for payment in the form of a contingency fee of 50% of anything of value received and a mineral lease on any property recovered. The contract also included a power of attorney from the heirs to Land and Marine Properties, Inc. to perform all acts necessary in pursuit of acquiring ownership of their ancestors' estate.

The contract of representation was assigned to Mr. Robert Haik, an attorney, who was also president of Land and Marine Properties, Inc. Mr. Haik filed a petition for possession in the Succession of John Dunn, Sr. and James Dunn on January 30, 1989, in St. Martin Parish. A judgment of possession was obtained the same day in ex parte proceedings. The judgment of possession placed the heirs in possession of about one-half of the estate and Mr. Haik in possession of the other half. There were a few absent heirs and one heir not represented by Mr. Haik. These heirs' portions of the estate were excepted from the judgment of possession and remain in the registry of the court. No appeal was taken from the judgment of possession and it became definitive on April 10, 1989.

The heirs allege they did not find out about the judgment of possession until March 14, 1989 because Haik did not tell them what constituted the estate or where the succession would be filed. The heirs obtained copies of the succession documents from the Clerk of Court's office in St. Martin Parish.

Upset over how much of the estate was distributed to Mr. Haik, the heirs filed a petition for nullity of judgment in the Dunn Succession. This was filed to stop distribution of funds from the succession to the defendant. On April 15, 1989 the heirs discharged Mr. Haik. The petition for nullity of judgment was filed April 6, 1989, and a supplemental petition for nullity of judgment was filed May 24, 1989. The heirs named both Land and Marine Properties, Inc. and Mr. Haik as defendants. These petitions were filed in the succession proceedings itself.

Mr. Haik filed an exception of no cause of action and there was a hearing on the exception October 26, 1989. The trial court sustained the exception of no cause of action and stated "that petitioners are required to proceed by direct action rather than the collateral attack embodied in their petition." The trial court dismissed the action of nullity. The heirs appealed, but later dismissed the appeal.

On November 7, 1989, the heirs filed a petition in a direct action against Land and Marine Properties, Inc. and Robert Haik alleging the same causes of action as in the prior petition for nullity. The heirs demanded in the petition that the judgment of possession be nullified, that the contract of representation and the mineral lease be nullified, and the court determine a reasonable *287 fee for Mr. Haik, as well as requesting costs and reasonable attorney's fees.

Defendants filed their answer on November 8, 1990, and on November 29, 1990, plaintiffs filed a motion for summary judgment. The trial court granted the motion for summary judgment in part and denied it in part. Judgment was granted declaring the contract of representation null and the judgment of possession null and void. The trial court denied the summary judgment as to the mineral lease. Judgment was signed May 6, 1991. The trial court found the business corporation, Land and Marine Properties, Inc., violated the prohibition in LSA-R.S. 37:213 that a non-attorney may not practice law. Thus, since the contract of representation was null, the judgment of possession was also null since a contract which has as its cause an unlawful purpose can have no effect.

Defendants, Land and Marine Properties, Inc. and Mr. Haik, appeal the granting of summary judgment on the judgment of possession and contract of representation. The heirs appeal the refusal of the trial court to grant summary judgment on the nullity of the mineral lease. They further appeal the failure of the trial court to include as reasons for declaring the judgment of possession null and void, the following:

1. It placed a non-heir, Robert Haik, in possession of succession property.

2. It omitted from the heirs, Genevieve Plaisance.

3. It was tendered in response to a petition for possession in which all of the petitioners failed to declare their unconditional acceptance of the succession.

4. It was based on ad-hoc proceedings which failed to provide representation for absentee heirs as is required by statute.

Several motions and exceptions were filed by appellants and appellees after the appeal was filed. Some were referred by us to the merits. All are now denied. We will discuss only those deserving explanation.

Defendants/Appellants and Plaintiffs/Appellees raise many assignments of error that will not be addressed as they are not necessary to our decision.

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Bluebook (online)
609 So. 2d 284, 1992 La. App. LEXIS 3243, 1992 WL 319674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-land-and-marine-properties-inc-lactapp-1992.