Trinidad Petroleum Co. v. Pioneer Natural Gas Co. , 1980 La. LEXIS 6807 ( 1980 )

ON APPLICATION FOR REHEARING

PER CURIAM.

Applications for rehearing have been filed by respondents Pioneer Natural Gas Company, Royal Mineral Corporation and MBM Partnership. Although we find that the applications are essentially without merit and that our judgment herein reversing the Court of Appeal’s dismissal of relator’s appeal is correct, we nonetheless conclude that our affirming the Court of Appeal’s’original judgment (a judgment which reversed the trial court) is inappropriate, primarily because the judgment in the Court of Appeal has never become final in that court.

Accordingly, the applications for rehearing are denied but our judgment on original hearing is amended so as to pretermit review of the Court of Appeal’s original action and to remand the case to the Court of Appeal for further consideration.

DIXON, C.J., and WATSON, J., would grant a rehearing.