Harruff v. King

139 So. 3d 1062, 181 Oil & Gas Rep. 940, 13 La.App. 3 Cir. 940, 2014 WL 1911008, 2014 La. App. LEXIS 1283
CourtLouisiana Court of Appeal
DecidedMay 14, 2014
DocketNo. 13-940
StatusPublished
Cited by7 cases

This text of 139 So. 3d 1062 (Harruff v. King) 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
Harruff v. King, 139 So. 3d 1062, 181 Oil & Gas Rep. 940, 13 La.App. 3 Cir. 940, 2014 WL 1911008, 2014 La. App. LEXIS 1283 (La. Ct. App. 2014).

Opinion

KEATY, Judge.

I,Defendants appeal the judgment of the trial court rescinding the sale of immovable property on the basis of lesion beyond moiety. For the reasons set forth herein, we reverse.

ISSUE

This case presents the question of whether Louisiana law allows for the inclusion of the speculative value of mineral interests or rights in and to immovable property in determining the fair market value of such property for the purpose of rescinding the sale of the property on the basis of lesion beyond moiety.

FACTS AND PROCEDURAL HISTORY

Plaintiffs, Tammy Renea Martin Harruff and Amy Lynn Bilodeau (hereafter the Sisters), are siblings and the heirs of decedent, Bobby Carlisle. Edgar Cason, also a PlaintiffAppellee, is the subsequent purchaser of the subject property as will be more fully discussed herein. The Sisters inherited an undivided interest in two tracts of land located in Natchitoches and Red River Parishes. The property is situated within the area of the Haynesville Shale.1

Approximately one year after the inheritance, the Sisters sold their undivided interest in the two tracts to Defendants, Richard King,2 Renee King, and Kyle King (Kyle). On May 26, 2009, the Sisters entered into a buy and sell agreement with Defendants regarding the property (King buy and sell agreement). On July 21, 2009, the Sisters and Defendants executed [1065]*1065a cash sale deed (King deed), | ^transferring ownership of the Sisters’ interests in the property to Defendants for the amount of $175,000.00. The Sisters’ undivided interests conveyed in the King deed included all timber and minerals. Defendants, two of whom are attorneys, prepared both the buy and sell agreement and the cash sale document. The description of the property in the buy and sell agreement differs from the description in the King deed. The description in the buy and sell agreement was taken from summaries contained in the tax assessor’s records for each parish. The King deed identifies the property as being located in Range 9 wherein the property at issue is located in Range 8. Defendants contend the misidentification was simply a typographical error and that the same inadvertent error had actually happened previously and was subsequently corrected.

Approximately six months after the execution of the King buy and sell agreement, the Sisters sold the Natchitoches Parish tract to Plaintiff, Cason, for $375,000.00. On November 80, 2009, Cason and the Sisters entered into a buy and sell agreement (Cason buy and sell agreement) and, on the same day, executed a cash sale deed (Cason deed) relative to their undivided interest in the Natchitoches Parish property. Thereafter, Plaintiffs filed a lawsuit, alleging that the sale of the property to Defendants should be rescinded due to lesion beyond moiety. Plaintiffs also sought judgment to quiet the title on the Natchitoches Property subsequently sold to Cason. After filing their original action, Plaintiffs amended their petition, alternatively seeking to rescind the sale to Defendants based on fraud allegedly committed by Defendant, Kyle. Defendants answered Plaintiffs’ petition and reconvened, alleging bad faith on the part of the sellers arid seeking to be declared the owners of the Sisters’ undivided interests in the two parcels of immovable ^property. Defendants also sought a reformed deed and a judgment recognizing that the Cason deed is null and void.

Prior to trial, the trial court was advised that a lawsuit had been filed in federal court by Defendants against the Sisters based on diversity of citizenship, fraud, and the same set of facts as presented in the trial court. Diversity was established insofar as the Sisters are domiciled in Waldo, Arkansas. Cason, a Louisiana resident, was not named as a Defendant in the federal suit. The Sisters were not served with the federal lawsuit until approximately fifteen months after their original petition was filed in the present case. In its reasons for ruling, the trial court noted the filing of the federal action indicating it was “important to include mention of this suit, as it appears to this Court to have impacted the handling and trying of the present case in state court, as well as the motives and credibility of the parties.”

After trial on the merits, the trial court granted a rescission of the sale on the basis of lesion beyond moiety. Consistent with La.Civ.Code art. 2591, the trial court judgment provided Defendants with thirty days to exercise the option of supplementing their original purchase price in the sum of $687,061.08 plus legal interest to retain title to the Sisters’ undivided interest in the property at issue.

In its written reasons for ruling the trial court stated that, during the time of the sale of the property at issue, other mineral deeds and leases around the property ranged from approximately $5,000.00 to $25,000.00 per acre, depending on the location of the property to the center of the Haynesville Shale.

Defendants appeal, alleging six assignments of error:

(1) The trial court “committed legal error and manifest error by allowing the valuation of speculative, un-prov[1066]*1066en, non-|producing,4 un-leased, un-unitized, and untested gaseous minerals”;
(2) The trial court committed legal error and manifest error by valuing the property as a mineral-producing property rather than a recreational property by failing to recognize the problems in the Coutret report;3 and when it valued the property in a state different than it was in at the time of the challenged transaction;
(3) The trial court committed an error of law and manifest error in its finding of fact when it mixed the valuation reports of two experts and added a purported mineral valuation to that report;
(4) The trial court committed an error of law when it denied and dismissed Defendants’ claim to have the Cason deed declared null and void and to reform the King deed;
(5) The trial court committed legal error and manifest error in its ruling on Plaintiffs’ fraud claims; and
(6) The trial court committed legal error in admitting and excluding certain evidence.

STANDARD OF REVIEW

“Appellate review of a question of law is simply a decision as to whether the trial court’s decision is legally correct or incorrect.” Dugan v. Gen. Servs. Co., 01-511, p. 3 (La.App. 3 Cir. 10/31/01), 799 So.2d 760, 763, writ denied, 01-3327 (La.3/15/02), 811 So.2d 942. When a “trial court’s decision was based on its erroneous application of law ... its decision is not entitled to deference by the reviewing court.” Id. When an appellate court finds a reversible error of law, the appellate court “must redetermine the facts de novo from the entire record and render a judgment on the merits.” Id.

Findings of fact are reviewed under the manifest error rule. Cormier v. Comeaux, 98-2378 (La.7/7/99), 748 So.2d 1123.

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Bluebook (online)
139 So. 3d 1062, 181 Oil & Gas Rep. 940, 13 La.App. 3 Cir. 940, 2014 WL 1911008, 2014 La. App. LEXIS 1283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harruff-v-king-lactapp-2014.