Preston Oil Co. v. Transcontinental Gas Pipe Line Corp.

594 So. 2d 908, 1991 La. App. LEXIS 3643, 1991 WL 310746
CourtLouisiana Court of Appeal
DecidedDecember 27, 1991
Docket91 CA 1283
StatusPublished
Cited by28 cases

This text of 594 So. 2d 908 (Preston Oil Co. v. Transcontinental Gas Pipe Line Corp.) 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
Preston Oil Co. v. Transcontinental Gas Pipe Line Corp., 594 So. 2d 908, 1991 La. App. LEXIS 3643, 1991 WL 310746 (La. Ct. App. 1991).

Opinion

594 So.2d 908 (1991)

PRESTON OIL COMPANY
v.
TRANSCONTINENTAL GAS PIPE LINE CORPORATION.

No. 91 CA 1283.

Court of Appeal of Louisiana, First Circuit.

December 27, 1991.

*909 Paul Bullington, John McCollan, New Orleans, Samuel E. Masur, Lafayette, William Roberts, Baton Rouge, for plaintiff-appellee, Preston Oil Co.

Gary Bezet, Baton Rouge, Edward C. Abell, Jr., Lafayette, Raymond Albrecht, Houston, Tex., for defendant-appellant, Transcontinental Gas Pipe Line Corp.

Before WATKINS, CARTER and FOIL, JJ.

CARTER, Judge.

This is an appeal from an order of the trial court denying an exception pleading the objection of unauthorized use of summary proceeding, denying a request for injunctive relief, enforcing a consent judgment, and setting a hearing date on a request for damages under the contract and for contempt.

BACKGROUND

Petitioner, Preston Oil Company (Preston), is a Texas limited partnership engaged in the business of exploring for and producing oil and gas. Preston owns various oil, gas, and mineral leases covering lands and mineral rights in the South Lake Arthur Field situated in the parishes of Jefferson Davis, Vermilion, and Cameron.

On or about August 6, 1980, Preston, its predecessors in title, and others entered into a gas purchase agreement with defendant, Transcontinental Gas Pipe Line Corporation (Transco), for the purchase of natural gas from wells located in the South Lake Arthur Field. Several amendments to this contract were subsequently entered into by the parties. On or about December 16, 1980, deliveries of natural gas under the contract commenced.

The parties apparently performed their respective obligations under the contract until sometime in 1985, when Preston filed a suit for specific performance. The matter was litigated by the parties. After several days of trial, the parties amicably settled their differences and entered into a settlement agreement and contract amendment on December 18, 1986. Thereafter, pursuant to a consent judgment, the trial court withdrew and vacated an order, dated December 11, 1986, granting Preston's motion for partial summary judgment.[1] The *910 consent judgment also granted Preston's request for specific performance enforcing the gas purchase agreement as amended by the December 18, 1986 settlement agreement and contract amendment, dismissed all other claims asserted by the parties, and incorporated the terms and provisions of the settlement agreement and contract amendment into the judgment.

Then, on or about January 16, 1991, Preston filed the instant rule to compel compliance with the consent judgment of December 18, 1986. In its pleading, Preston requested that Transco be held in contempt of the consent judgment and that Transco be ordered to pay all costs and expenses, including attorney's fees incurred by Preston as a result of Transco's alleged failure to comply with the consent judgment. Preston also sought to enjoin a Texas proceeding instituted by Transco against Preston.

Thereafter, Transco filed a dilatory exception pleading the objection of unauthorized use of summary proceeding. After a hearing, the trial judge denied Transco's exception and rendered judgment granting Preston's motion to enforce the consent judgment. The trial judge also denied Preston's request to enjoin the Texas proceeding and set a hearing date for Preston's request for contract damages, interest, and attorney's fees as well as Preston's request that Transco be held in contempt for failure to obey the consent judgment.

From this adverse judgment, Transco suspensively appealed, assigning the following errors:[2]

(1) The trial court erred in overruling Transco's exception to the use of summary process to enforce a settlement agreement.
(2) The trial court erred in conducting a summary trial in order to determine the meaning of a non-specific stipulated judgment. If the judgment does not on its face resolve all issues, the proper remedy is a new suit.

On July 29, 1991, Preston filed with this court a motion to convert Transco's suspensive appeal into a devolutive appeal and requested an expedited hearing.[3] The motion to convert the appeal was referred to the merits.

MOTION TO CONVERT APPEAL FROM SUSPENSIVE TO DEVOLUTIVE

Preston contends that Transco's suspensive appeal should be converted to a devolutive appeal. Preston reasons that the judgment from which Transco appealed was signed on March 12, 1991, and that Transco's motion for appeal, which was filed on May 15, 1991, was filed beyond the delays for a suspensive appeal. Preston reasons that, as such, Transco's suspensive *911 appeal should be converted into a devolutive appeal.

In the instant case, on March 1, 1991, the trial court conducted a hearing on Preston's motion to compel Transco to comply with the consent judgment previously rendered by the trial court. On March 12, 1991, the trial judge signed an order submitted by Preston, which allegedly contained the court's March 1, 1991 ruling on the motion to compel. After the trial judge had signed the order, but before notice of judgment had been mailed to counsel of record, the trial judge withdrew the order because of several problems with the order as submitted by Preston. The following day, the judge conducted a meeting in his chambers between both parties. At this meeting, the trial judge made notations in the margin of the judgment submitted by Preston. At the conclusion of the meeting, the trial judge instructed his law clerk to have the judgment retyped to exclude several paragraphs contained in the original order.[4] However, the order was not retyped and was subsequently mailed to counsel of record with the handwritten notations and deletions. The trial judge did not sign the judgment after the notations and deletions were made to the submitted order.

Preston subsequently sent a retyped "Amended Order" to the trial judge. This new order incorporated all of the handwritten notations and deletions previously made by the trial judge. The trial judge signed this amended order on April 15, 1991, and notice of judgment was mailed to all parties on the same day.

On May 15, 1991, Transco filed a motion and order for suspensive appeal, which was signed by the trial judge on that day. The required suspensive appeal bond was filed on May 17, 1991. Preston subsequently filed, with this court, a motion to convert the suspensive appeal into a devolutive appeal.

LSA-C.C.P. art. 1951 provides that a final judgment may be amended by the trial court at any time on its own motion or pursuant to the motion of any party: to alter the phraseology, but not the substance, of a judgment; or to correct errors in calculation. Villaume v. Villaume, 363 So.2d 448, 450 (La.1978). In other words, a judgment may be amended under LSA-C.C.P. art. 1951 where the amendment takes nothing from or adds nothing to the original judgment. Villaume v. Villaume, 363 So.2d at 450. However, when an amendment to a judgment adds to, subtracts from, or in any way affects the substance of the judgment, such judgment may not be amended under LSA-C.C.P. art. 1951. A change in visitation privileges allegedly to reflect the judge's written reasons has been determined to be a substantive change. Villaume v. Villaume, 363 So.2d at 450. A change in a judgment which alters the amount of relief that a party is entitled to receive is a substantive change. Jones v. Gillen, 564 So.2d 1274, 1280 (La.App. 5th Cir.), writs denied, 568 So.2d 1080, 1081 (La.1990);

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Bluebook (online)
594 So. 2d 908, 1991 La. App. LEXIS 3643, 1991 WL 310746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/preston-oil-co-v-transcontinental-gas-pipe-line-corp-lactapp-1991.