Pearson v. Larry

Louisiana Court of Appeal

Pearson v. Larry

505 So. 2d 913, 94 Oil & Gas Rep. 522, 1987 La. App. LEXIS 9189

CourtLouisiana Court of Appeal

DecidedApril 1, 1987

DocketNo. 18591-CA

StatusPublished

This text of 505 So. 2d 913 (Pearson v. Larry) 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

Pearson v. Larry, 505 So. 2d 913, 94 Oil & Gas Rep. 522, 1987 La. App. LEXIS 9189 (La. Ct. App. 1987).

Pincite

Opinion

MARVIN, Judge.

The lessees-working interest owners in two oil, gas, and mineral leases (Bath Form, LA.SPEC. 14-BR1-2A) appeal a judgment against them that awarded LRS 31:207 damages and attorney fees for their failure to execute, under LRS 31:206, within 30 days after formal demand, a release of the acreage under the lease that was not contained in a compulsory production unit, the unit well for which was drilled on land other than the leased acreage.

The trial court erroneously relied on Paragraph 6 of the lease form to conclude that the leased acreage was “divided.” We have squarely held that that paragraph of this lease form applies only to voluntary, [914]*914and not to compulsory, production units. Mathews v. Goodrich Oil Co., 471 So.2d 938 (La.App. 2d Cir.1985), writ denied.

The fact that these lessees executed the § 206 release after the action was instituted does not change the result or make lessees obligated for § 207 damages and attorney fees.

The judgment appealed is reversed and judgment is hereby rendered rejecting ap-pellees’ demands at their costs.

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