Quantum Resources Management, L.L.C. v. Pirate Lake Oil Corp.

128 So. 3d 462, 13 La.App. 5 Cir. 74, 2013 WL 5849800, 2013 La. App. LEXIS 2188
CourtLouisiana Court of Appeal
DecidedOctober 30, 2013
DocketNo. 13-CA-74
StatusPublished
Cited by3 cases

This text of 128 So. 3d 462 (Quantum Resources Management, L.L.C. v. Pirate Lake Oil 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
Quantum Resources Management, L.L.C. v. Pirate Lake Oil Corp., 128 So. 3d 462, 13 La.App. 5 Cir. 74, 2013 WL 5849800, 2013 La. App. LEXIS 2188 (La. Ct. App. 2013).

Opinions

STEPHEN J. WINDHORST, Judge.

| ^.Defendant, Allen Kent Jones, filed this appeal from the trial court’s judgment awarding an additional $39,219.75 in attorney’s fees and costs, contending that the award is excessive. Adrian Lapeyronnie, appointed counsel for absentee defendant Jennifer Jones, filed an answer, seeking an increase of attorney’s fees awarded in the trial court and requesting attorney’s fees for the defense of this appeal. For the reasons that follow, we affirm the decision of the trial court. We further deny any relief as prayed for in appellee’s answer.

FACTS AND PROCEDURAL HISTORY

The relevant facts and procedural history of this matter were set forth by this court in Quantum Res. Mgmt., L.L.C. v. Pirate Lake Oil Corp., 12-256 (La.App. 5 Cir. 11/13/12), 105 So.3d 867, 868-69, writ denied, 13-0084 (La.3/8/13), 109 So.3d 361 (footnotes omitted). Briefly, Quantum Resources Management, L.L.C. & Milagro Producing, L.L.C. (hereinafter “Quantum”) filed this concursus proceeding, asserting that they were the unit operator of two producing wells, |sknown as the Mayronne No. 1 Well and the Mayronne No. 2-Alt Well, located on property that included Lots 1-5 near Lafitte, Louisiana. Quantum deposited production proceeds from the producing wells into the registry of the court. Quantum named various parties as [464]*464defendants, which they identified from the public records as possibly having ownership interests in and to portions of the property that formed part of the land on which the wells were located.

Among the defendants named were Allen Kent Jones, Jennifer Elizabeth Jones, Patrick Kent Lindsay Jones and Jacqueline A.L. Jones. On May 30, 1989, Elizabeth Corrine Handlin Jones, wife of Allen Kent Jones, and mother of Jennifer, Patrick, and Jacqueline Jones, died testate in the State of Texas. Mrs. Jones bequeathed all of her property, both community and separate, to her surviving spouse. Included were Lots 1-5, which were Mrs. Jones’ separate property. However, at the time of Mrs. Jones’ death, Louisiana law provided that all children of the deceased, regardless of age, were forced heirs. Nevertheless, Mrs. Jones’ succession was probated in Texas and Mr. Jones was placed in possession of all her property.

In August of 1999, Mr. Jones and the Jones children filed an action entitled “Ancillary Succession of Elizabeth Corrine Jones,” in the 24th Judicial District Court. A judgment of possession was rendered in that proceeding recognizing the Jones children as Mrs. Jones’ forced heirs as to her Louisiana separate property, and reducing the universal bequest made to Mr. Jones, since the original bequest to Mr. Jones impinged upon the Jones children’s legi-time. The judgment of possession placed Mr. Jones into possession of half of Mrs. Jones’ interest in and to the subject property in full ownership, and placed the Jones children into possession of the remaining half of her interest in and to the subject property as naked owners, subject to a lifetime usufruct in favor of Mr. Jones.

LMayronne No. 1 Well began production sometime in 1996, and the Mayronne No. 2-Alt Well began production sometime in 2000. Several of the defendants-in-eoncur-sus, including Mr. Jones and the Jones children, asserted claims in the concursus proceeding to the funds deposited into the registry of the court. Jennifer Jones was an absentee defendant and on July 15, 2011, pursuant to a motion filed by Mr. Jones, the trial court appointed Adrian Lapeyronnie to represent her.

Mr. Jones filed a motion for summary judgment in the concursus proceeding, arguing that he, as usufructuary, was entitled to the portion of the proceeds deposited into the registry of the court attributable to his children’s naked ownership interests in and to the subject property, under the provisions of the Louisiana Mineral Code. Jennifer Jones filed a cross-motion for summary judgment, taking the contrary position that under the pertinent Mineral Code provisions, the naked owners, not the usu-fructuary, are entitled to the mineral proceeds in question. At issue was the question of when Mr. Jones’ usufruct was created, whether it was in 1989 at Mrs. Jones’ death, or in 1999, when the judgment of possession was rendered in the ancillary succession proceeding.

The trial court rendered judgment on December 15, 2011, amended on February 15, 2012, granting summary judgment in favor of Jennifer Jones and denying Mr. Jones’ motion for summary judgment. The trial court did not assign reasons for its judgment. Mr. Jones appealed from the trial court’s judgment, as did plaintiffs.

On November 22, 2011 and again on March 19, 2012, while the appeal was pending, Mr. Lapeyronnie filed motions to have the court set attorney’s fees and costs. Mr. Jones’ motion to terminate representation was denied on March 15, 2012. On May 10, 2012, the trial court awarded Mr. Lapeyronnie costs and |fiattorney’s fees in the amount of $48,778.37. The [465]*465judgment was assessed against Mr. Jones, the party who requested court-appointed counsel for Jennifer Jones. On June 19, 2012 the judgment was amended to allow payment of the costs and attorney’s fees from the amount deposited in the registry of the court.

On July 25, 2012, Mr. Lapeyronnie filed an additional motion to assess attorney fees and costs for the time period from March 9, 2012 through June 20, 2012, alleging that he had performed additional work in the representation of Jennifer Jones, including representation on appeal and the first two motions to set costs and attorney’s fees. On September 18, 2012 the trial court granted Mr. Lapeyronnie’s motion and awarded additional costs and attorney’s fees of $39,219.75. On December 4, 2012, the judgment was amended to allow payment of the costs and attorney’s fees from the registry of the court.

Thereafter, on November 13, 2012, this Court reversed the finding of the trial court, concluding that Mr. Jones’ usufruct was created when the judgment of possession was rendered in Mrs. Jones’ ancillary succession proceedings, and not at the time of her death in 1989, and that he was entitled, as usufructuary, “to the mineral proceeds deposited into the registry of the court in proportion to the naked owners’ interest in and to the subject property.”

Mr. Jones now appeals from the judgment of September 18, 2012, granting to Mr. Lapeyronnie an additional $39,219.75 in costs and attorney’s fees. In his appeal, Mr. Jones alleges that the trial court erred in awarding attorney’s fees prior to a final determination of the underlying case. Mr. Jones also argues that the trial court erred in its supplemental award of attorney’s fees. Mr. Jones contends that the trial court failed to consider the mandatory factors for determining the measure of reasonableness of an attorney’s fee award, and that had the court done so, it would not have awarded any additional fees in this matter. Mr. Jones alleges that 16the award of $39,219.75, when added to the court’s prior award, constitutes an unreasonable and excessive fee.

Mr. Lapeyronnie filed an answer, seeking both an increase in the award from the trial court (from $39,219.75 to $57,494.75) and an award for costs and attorney’s fees arising from this appeal.

ANALYSIS

In Louisiana, the prevailing party may not recover attorney’s fees except where authorized by contract or statute. St. Blanc v. Stabile, 12-677 (La.App. 5 Cir. 4/24/13) 114 So.3d 1158, writ denied, 13-1185 (La.8/30/13), 120 So.3d 270; Brand-ner v. Staf-Rath, L.L.C., 12-62 (La.App. 5 Cir.

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128 So. 3d 462, 13 La.App. 5 Cir. 74, 2013 WL 5849800, 2013 La. App. LEXIS 2188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quantum-resources-management-llc-v-pirate-lake-oil-corp-lactapp-2013.