Sellers v. Continental Oil Co.

Louisiana Court of Appeal

Sellers v. Continental Oil Co.

188 So. 2d 466, 25 Oil & Gas Rep. 307, 1966 La. App. LEXIS 4919

CourtLouisiana Court of Appeal

DecidedJuly 1, 1966

DocketNo. 1729

StatusPublished

Cited by4 cases

This text of 188 So. 2d 466 (Sellers v. Continental Oil Co.) 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

Sellers v. Continental Oil Co., 188 So. 2d 466, 25 Oil & Gas Rep. 307, 1966 La. App. LEXIS 4919 (La. Ct. App. 1966).

Pincite

Opinion

SAVOY, Judge.

Plaintiffs have appealed to this Court from an adverse judgment rendered against them in the district court.

In the case of Sellers v. Continental Oil Company, (La.App, 3 Cir., 1964), 168 So. 2d 435, decided October 27, 1964, this Court cancelled a portion of an oil, gas and mineral lease which plaintiffs had granted to defendants. This judgment is final since none of the parties to the litigation applied for a rehearing.

Plaintiffs have filed the instant suit praying for a declaratory judgment and asking the Court to determine the date of the cancellation of the lease in the case cited as 168 So.2d 435. The trial judge held the lease to be cancelled as of April 6, 1964, the date on which he signed the judgment in the original suit. Plaintiffs contend the judge was in error in his ruling, and that the effective date should be no later than the date judicial demand was made by plaintiffs upon defendants for cancellation of said lease.

LSA-C.C.P. Article 1911 provides that except as otherwise provided by law, all final judgments shall be read and signed by the judge in open court. The judgment in the original suit was signed by the trial judge on April 6, 1964. The record reveals the judgment was prepared by counsel for plaintiffs who represented plaintiffs in both suits, and it cancelled the lease of that date. This judgment is now final.

We are of the opinion that the district judge correctly held the effective date of the cancellation of the lease to be April 6, 1964.

For the reasons assigned the judgment of the district court is affirmed at appellants’ costs.

Affirmed.

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

SAVOY, Judge.

Plaintiffs have appealed to this Court from an adverse judgment rendered against them in the district court.

In the case of Sellers v. Continental Oil Company, (La.App, 3 Cir., 1964), 168 So. 2d 435, decided October 27, 1964, this Court cancelled a portion of an oil, gas and mineral lease which plaintiffs had granted to defendants. This judgment is final since none of the parties to the litigation applied for a rehearing.

Plaintiffs have filed the instant suit praying for a declaratory judgment and asking the Court to determine the date of the cancellation of the lease in the case cited as 168 So.2d 435. The trial judge held the lease to be cancelled as of April 6, 1964, the date on which he signed the judgment in the original suit. Plaintiffs contend the judge was in error in his ruling, and that the effective date should be no later than the date judicial demand was made by plaintiffs upon defendants for cancellation of said lease.

LSA-C.C.P. Article 1911 provides that except as otherwise provided by law, all final judgments shall be read and signed by the judge in open court. The judgment in the original suit was signed by the trial judge on April 6, 1964. The record reveals the judgment was prepared by counsel for plaintiffs who represented plaintiffs in both suits, and it cancelled the lease of that date. This judgment is now final.

We are of the opinion that the district judge correctly held the effective date of the cancellation of the lease to be April 6, 1964.

For the reasons assigned the judgment of the district court is affirmed at appellants’ costs.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

188 So. 2d 466, 25 Oil & Gas Rep. 307, 1966 La. App. LEXIS 4919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sellers-v-continental-oil-co-lactapp-1966.

Opinion

Related

Cite This Page — Counsel Stack