Opinion
Nos. 02-C-1338, 02-C-1681, 02-C-2419
October 25, 2002.
IN RE: Union Oil Company of California; Echezabal, James H.; Echezabel, J. H. Inc.; J. H. Echezabel Inc.; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. B, Nos. 93-2333; to the Court of Appeal, Third Circuit, No. 01-1156
IN RE: Lamson Petroleum Corporation; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. B, Nos. 95-2601; to the Court of Appeal, Third Circuit, No. 01-1201
IN RE: Union Oil Company/California; PetroCorp Inc.; Trition Oil Gas Corp.; Echezabal, James H.; Echezabal, Inc. J. H. Inc.; Ashy, Doug; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. A, Nos. 932342; to the Court of Appeal, Third Circuit, No. 02-138
Granted in part and remanded to court of appeal, otherwise denied. See per curiam.
JTK
PFC
CDK
BJJ
CDT
JLW
VICTORY, J., would grant and docket.
Granted in part. The cases are remanded to the Third Circuit Court of Appeal. The Third Circuit is ordered to hold an en banc hearing and determine whether their decisions in Lamson Petroleum Corporation v. Hallwood Petroleum, Inc., et al., 2001-1156 (La.App. 3 Cir. 2/6/02), 814 So.2d 134 and Lamson Petroleum Corporation v. Hallwood Petroleum, Inc., et al., 2002-138 (La.App. 3 Cir. 7/10/02, 823 So.2d 431) are in conflict with their decision in Lamson Petroleum Corporation v. Hallwood Petroleum, Inc., et al., 2001-1201 (La.App. 3 Cir. 3/20/02, 814 So.2d 596), on the issue of whether or not defendants are good faith possessors after the filing of judicial demand, and if so, to determine which view is correct. Otherwise the writs are denied.
REMANDED