Succession of Chambers v. Chambers

729 So. 2d 608, 98 La.App. 3 Cir. 937, 1998 La. App. LEXIS 3593, 1998 WL 857936
CourtLouisiana Court of Appeal
DecidedDecember 9, 1998
DocketNo. 98-937
StatusPublished
Cited by2 cases

This text of 729 So. 2d 608 (Succession of Chambers v. Chambers) 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
Succession of Chambers v. Chambers, 729 So. 2d 608, 98 La.App. 3 Cir. 937, 1998 La. App. LEXIS 3593, 1998 WL 857936 (La. Ct. App. 1998).

Opinion

JjPICKETT, Judge.

The plaintiff appeals the trial court’s order allowing a sale of the right to sue in lesion. On March 14, 1995, George Russell Chambers, acting on his own behalf and on the behalf of Calcasieu TV & Radio, Inc., a corporation owned by him, granted W. Brent Lumpkin an option to purchase and listing agreement of 24.77 acres. The purchase price in the agreement was $1,200,000.00. George Russell Chambers died in Lake Charles, Louisiana, on March 27,1995.

The decedent’s succession was opened, and his widow, Rita S. Chambers, and his son, Dr. Russell C. Chambers, were appointed co-executors. Rita Chambers and Dr. Chambers entered into a compromise agreement wherein any disagreement in the administration of the succession would be submitted to the court.

On June 14, 1996, Lumpkin gave notice of his intention to exercise the option to purchase. Rita S. Chambers filed a petition for the sale of immovable property to Rgain court approval of the sale to Lumpkin. This petition was advertised on October 25, 1996, and November 14, 1996. The sale to Lump-kin was authorized by order of the court on December 5, 1996. The sale was completed on February 7, 1997, for the purchase price of $1,200,000.00.

Thereafter, James Pauley and LBT, L.L.C. (LBT) approached Dr. Chambers with an offer to convey to the succession future parking rights on the land conveyed to Lumpkin in exchange for the right to sue Lumpkin in lesion for the return of the property. Dr. Chambers obtained approval for this transaction by an ex parte motion, which was later set aside on the motion of Rita S. Chambers.

On August 1, 1997, Dr. Chambers again petitioned the court for the authority to sell to James Pauley and LBT the right to sue in lesion and in return the succession would receive thirty percent membership right in LBT. On August 19, 1997 Rita S. Chambers filed an opposition to this proposed transaction.

The Succession of George R. Chambers received another offer concerning the succession’s rights to a lesionary action. Pujo Oil & Gas Company, Inc. (Pujo) offered to purchase property contiguous to that sold to Mr. Lumpldn on the condition that the succession execute a waiver of any right to sue in lesion. After which, Pete Pauley, James Pauley’s brother, offered to buy the same property without requiring the succession to execute the waiver.

The trial court considered these matters in a hearing on February 5, 1998. The trial court ultimately denied Pujo’s offer and ordered that Pete Pauley’s offer be properly advertised and noticed. The trial court also ordered the succession’s lesionary rights be transferred to LBT. Although the order was signed on February 5,1998, the court did not issue written reasons, but the trial court did discuss its reasoning in open court.

| ¡¡Rita S. Chambers has appealed the trial court’s decision to transfer the lesionary rights to LBT on several grounds. However, [610]*610we will first address the contention by Dr. Chambers that Rita S. Chambers lacks capacity to bring this appeal.

CAPACITY

Dr. Chambers argues that Rita S. Chambers lacks capacity to file this appeal and has no right of action. This argument is based on the compromise agreement these parties entered into regarding administration of the succession. The pertinent portion of the agreement reads as follows:

Rita Chambers and Dr. Chambers shall jointly serve as the dative testamentary executors of the GRC Estate (the “Dative Executors”). Julie Askew shall resign as a co-executrix effective immediately upon qualification of her successor. Unanimous consent shall be required for all action taken by the Dative Executors, provided, however, that if they are unable to agree, they shall submit the matter to the appropriate court for resolution.

(Emphasis added.)

Dr. Chambers’ contention centers around the provision that all actions must be a result of an unanimous agreement. This interpretation fails to give full effect to this provision, which requires disagreements to be submitted to the courts for resolution. That is precisely what was done in this instance. The parties were unable to agree on the transfer of any right to sue in lesion. Rita Chambers then opposed the sale by filing an opposition as co-executrix. After the trial court ruled against Rita Chambers, Dr. Chambers argument is that she is then required to get the consent of her opponent or the approval of the trial court to appeal. This interpretation is unreasonable, judicially inefficient and could not have been the intent of the parties when they entered into this agreement. “Appeals are favored, and forfeiture of a party’s right to appeal should only be decreed when the party’s intention to acquiesce and abandon his right is clearly demonstrated.” First Acadiana Bank v. Bieber, 562 So.2d 1025, 1027 (La.App. 3 Cir.1990), rev’d on other grounds, 582 So.2d 1293 (La.1991). When parties agree to submit future disputes to “the appropriate court,” this does not indicate forfeiture of any future rights to appeal. Indeed, it is much more likely that when a party agrees to such a provision the utilization of the entire judicial process is envisioned. Therefore, we find Dr. Chambers’ argument meritless.

As we find the compromise agreement does not clearly demonstrate Rita S. Chambers’ intention to abandon her right to appeal as co-executrix, we need not explore the issue of whether she is acting as a co-executrix, heir or legatee.

EXISTENCE OF LESION

Rita S. Chambers’ first assignment alleges that the trial court erred in ordering the transfer of any lesionary rights to LBT on the basis that no right to a lesionary action existed.

Plaintiff argues that there is no right to sue in an action of lesion beyond moiety under La.Civ.Code art. 2589 for the trial court to transfer to LBT.

The sale of an immovable may be rescinded for lesion when the price is less than one half of the fair market value of the immovable. Lesion can be claimed only by the seller and only in sales of corporeal immovables. It cannot be alleged in a sale made by order of the court.
The seller may invoke lesion even if he has renounced the right to claim it.

La.Civ.Code art. 2589 (emphasis added.)

Article 2589 is a statement of the law combined from several articles under the 1870 Code, one of these articles being article 2594, which stated:

Rescission for lesion beyond moiety is not granted against sales of movables and produce, nor when rights to a succession have been sold to a stranger, nor in matter of transfer of credits, nor against sales of immovable property made by virtue of any decree or process of a court of justice.

IsThis court has previously determined that a sale of a minor’s interest in timber authorized by a court could not be invalidated by lesion beyond moiety. Fogleman v. Roy O. Martin Indus., Inc., 440 So.2d 954 (La.App. 3 Cir.1983). In Fogleman, Mrs. Fogleman, acting on behalf of herself and on behalf of her minor son as tutrix, sought to execute a sale of 580 acres of timber to the defendant [611]*611in that case.

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729 So. 2d 608, 98 La.App. 3 Cir. 937, 1998 La. App. LEXIS 3593, 1998 WL 857936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-chambers-v-chambers-lactapp-1998.