Hampton F. Campbell v. Progressive Land Corporation

Louisiana Court of Appeal

Hampton F. Campbell v. Progressive Land Corporation

DecidedDecember 30, 2014

DocketCA-0014-0559

StatusUnknown

This text of Hampton F. Campbell v. Progressive Land Corporation (Hampton F. Campbell v. Progressive Land Corporation) 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

Hampton F. Campbell v. Progressive Land Corporation, (La. Ct. App. 2014).

Pincite

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

14-559

HAMPTON F. CAMPBELL, ET AL.

VERSUS

PROGRESSIVE LAND CORPORATION, ET AL.,

13-1166

PROGRESSIVE LAND CORPORATION, ET AL.

********** APPLICATION FOR SUPERVISORY WRIT OF CERTIORARI AND ON APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF VERMILION, DOCKET NOS. 12-95805 and 12-97089 HONORABLE PATRICK L. MICHOT, DISTRICT JUDGE **********

SYLVIA R. COOKS JUDGE

**********

Court composed of Sylvia R. Cooks, Marc T. Amy, and John E. Conery, Judges.

AFFIRMED.

Jeffery Ackermann Durio, McGoffin, Stagg & Ackermann P.O. Box 51308 Lafayette, LA 70505 (337) 233-0300 Attorney for Appellee, Jean-Jacques Campbell

Daniel M. Landry, III P.O. Box 3784 Lafayette, LA 70502 (337) 237-7135 Attorney for Appellee, Hampton F. Campbell W.J. Riley, III P.O. Box 509 Jennings, LA 70546 (337) 824-9158 Attorney for Appellant, Peggy R. Campbell

R. Chadwick Edwards, Jr. Edwards & Bellaire, LLC P.O. Box 217 Abbeville, LA 70511-0217 (337) 893-2884 Attorney for Appellants Geraldine I. Campbell, Jeffery L. Campbell, And D&T Crawfish, LLC Cooks, J.

FACTS AND PROCEDURAL HISTORY

Progressive Land Corporation (the Corporation), a family owned enterprise,

owns a certain amount of farmland leased to a crawfish farmer, D&T Crawfish,

LLC (D&T). Hampton F. Campbell (Hampton) was the President of the

Corporation and Jean-Jacques Campbell (Jean-Jacques) was the Secretary.

Together they owned fifty percent of the corporation. Hampton farmed the land

for many years. The owners of the Corporation became embroiled in protracted

litigation involving numerous legal matters. Peggy R. Campbell (Peggy), one-time

Treasurer of the corporation, Jeffery L. Campbell (Jeffery), and Geraldine I.

Campbell (Geraldine) were also stock holders, and parties to the litigation which is

the substance of this consolidated appeal and writ.

Hampton and Jean-Jacques alleged Peggy wrongfully entered into a lease

between the Corporation and D&T because she was not an officer of the

Corporation when she signed the crawfish lease with D&T, and had no approval

and no authority from the Board of Directors to make such a lease with anyone.

The corporate bylaws provided that only the President and Secretary could sign a

lease for the Corporation. Thus, they asserted, the lease was not valid and not

binding on the Corporation. Additionally, Plaintiffs Hampton and Jean-Jacques

alleged that the Board of Directors was deadlocked and unable to conduct the

business of the Corporation and therefore a Receiver must be appointed to make

determinations for the Corporation. They also asserted misuse of corporate funds.

Geraldine intervened in the lawsuit and asserted a revocatory action to annul the

D&T Crawfish lease and sought to bring a shareholder derivative action against the

corporation.

Trial was had on numerous motions and exceptions filed by the parties and

during the course of the trial all of the parties reached a compromise agreement on how to resolve their disputed claims. During the trial the court declared the

crawfish lease invalid based on its finding that the evidence showed Peggy had no

authority to make such a lease agreement with anyone. After that ruling, the

parties chose to end the litigation by a compromise agreement. In accordance with

the compromise agreement the trial court appointed Mr. Paul Deballion Receiver.

The parties agreed to terminate the seven-year crawfish lease at the end of 2013,

and allow the Corporation to manage its property through the most

profitable/suitable means decided by the Corporation. As a result of the

compromise agreement, many claims raised by the various parties were dismissed,

including all claims raised by Geraldine, Hampton, Peggy and Jeffery. Everyone

was present in court, represented by counsel, and on the record, stated under oath,

that they agreed to the compromise agreement.

Geraldine’s attorney submitted a proposed written judgment purportedly

based upon the compromise agreement. The attorneys for Jean-Jacques and

Hampton objected to Geraldine’s proposed written judgment, asserting it did not

accurately reflect the terms of the compromise agreement made on the record.

They specifically noted that the proposed judgment did not include the release of

all of Geraldine’s claims asserted in the suit. The trial court reviewed the written

transcript of the compromise agreement and composed a Judgment which included

the release of all of Geraldine’s claims. The trial court also deleted a paragraph

from the proposed judgment, by making an “X” through it, which provided:

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that with respect to the question of the validity of the lease between Progressive Land Corporation and D&T Crawfish, L.L.C., a hearing shall take place on the validity of the lease in Acadia Parish on November 5, 2012, at 10:00 a.m., where all parties and D&T shall have the opportunity to address the validity of the lease including and the Receiver’s determinations and/or recommendations relating to said lease. For the sole purpose of this hearing D&T Crawfish,

2 L.L.C., agrees to submit to the jurisdiction of this court and said proceeding to determine the validity of its lease.

After the parties received the Judgment in writing, a Motion to Amend the

Judgment or for New Trial was filed by Jeffery, Peggy and Geraldine. The trial

court denied the motion. Geraldine filed a Writ attacking the denial of the Motion

for New Trial and the Judgment dated August 20, 2013. Jeffery and Geraldine

appealed the trial court judgment asserting the trial court wrongly dismissed the

derivative action. Although Peggy and D&T are mentioned by the attorney filing

the Appellants’ brief indicating they are parties to this appeal, it is alleged that

neither Peggy nor D&T Crawfish appealed the trial court ruling and that the

judgment below is final as to them.

ANALYSIS

On June 14, 2013, a hearing commenced before the Honorable Judge Patrick

L. Michot, on the matters subject of this appeal and consolidated writ. The

following appearances were made on the record; Daniel M. Landry, III as attorney

for Hampton Campbell; Jeffery Ackermann as attorney for Jean-Jacques Campbell;

R. Chadwick Edwards as attorney for Jeffery Campbell, Geraldine Campbell, and

D&T Crawfish, L.L.C.; W.J. Riley, III as attorney for Peggy Campbell; and Paul

N. Deballion, Attorney, Court Appointed Receiver for Progressive Land

Corporation. The hearing commenced with the calling of various witnesses and

the introduction of documentary evidence. During the course of the hearing, the

parties informed the trial court that all parties to the proceedings had reached a

compromise agreement which the parties desired be stated on the record. The

following agreement was presented to the court:

MR. ACKERMANN: We can read it to the Court. This is my list, and Mr. Chad’s got a list. I think they’re the same, but we can make--

MR. EDWARDS: They are the same.

3 MR. ACKERMANN: They’re probably in different order and all. But, essentially, what we’ve agreed to is that the existing crawfish lease, lessee will be allowed to finish his operations throughout the year 2013 according to the same terms as the existing lease. He will have a right of first refusal for the years 2000 –

MR.

Free access — add to your briefcase to read the full text and ask questions with AI