Calvin J. Hill, individually and as the of The Succession of Elnore Johnson Hill v. TMR Exploration, park Exploration, Inc. and Vitol Resources, Inc. ( 2019 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
CALVIN J. HILL, INDIVIDUALLY NO. 2019 CW 1096
AND AS THE EXECUTOR OF THE
SUCCESSION OF ELNORA JOHNSON
HILL
VERSUS
TMR EXPLORATION, INC., PARK
NO Y 2 5 2019
EXPLORATION, INC., AND VITOL
RESOURCES, INC.
In Re: Raymond J. Lasseigne, applying for supervisory writs,
18th Judicial District Court, Parish of West Baton
Rouge, No. 41245.
BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The trial court' s February 28, 2019 judgment
denying Raymond J. Lasseigne' s exception
raising the objection
of res judicata directed to Felix Hill' s First Supplemental and
Amending Petition of Intervention is reversed. All claims
asserted by Felix Hill, plaintiff -in -intervention, against
Raymond J. Lasseigne dismissed 1,
were with prejudice on July
2015. Felix Hill did not seek a new trial in connection with the
July 1, 2015 judgment nor did he appeal from this judgment. See
Hill v. TMR Exploration, Inc., 2016- 0566 ( La. 1st Cir.
App.
6/ 13/ 17), 223 So. 3d 556, writ denied, 2017- 1163 ( La. 10/ 27/ 17),
228 So. 3d 1227. A judgment of dismissal with prejudice shall
have the effect of a final judgment of absolute dismissal after
trial. La. Code Civ. P. art. 1673. A final judgment is
conclusive between the parties except on direct review; it
acquires the authority of the thing adjudged if no further
review is sought within the time fixed by law or if the judgment
is confirmed on review.
Avery v. CitiMortgage, Inc., 2008- 2052
La. App. 1st Cir. 5/ 13/ 09), 15 So. 3d 240, 242 ( citations
omitted). Although some of the plaintiffs successfully appealed
from the July 1, 2015 judgment, a final judgment cannot be set
aside or changed on appeal except as to those who are parties to
the appeal. D® Phillips v. Hospital Services District No. I of
Tangipahoa Parish, 2017- 1423 ( La. 1st Cir. 7/ 18/ 18), 255
App.
Sc. 3d 1, 5, writ granted, cause remanded, 2018-- 1386 ( La.
12/ 17/ 18), 258 So. 3d 584. Therefore, the July 1, 2015 judgment
is a final judgment as to Felix Hill and bars relitigation of
his claims against Raymond J. Lasseigne.
Consequently, we grant
the exception of res judicata filed by Raymond J. Lasseigne and
dismiss the claims asserted against him by plaintiff -in -
intervention, Felix Hill, with prejudice.
JMM
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT
f
DEPUTY CLERK OF COURT
FOR THE COURT