Devon Energy Production Company, L.P. v. Louisiana Department of Natural Resources and Thomas Harris, in his offocial capacity as Secretary of the Louisiana Department of Natural Resources ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
DEVON ENERGY PRODUCTION NO. 2020 CW 0992
COMPANY, L. P.
VERSUS
LOUISIANA DEPARTMENT OF
NATURAL RESOURCES AND THOMAS
HARRIS, IN HIS OFFICIAL
CAPACITY AS SECRETARY OF THE
LOUISIANA DEPARTMENT OF DECEIVER 30, 2020
NATURAL RESOURCES
In Re: Devon Energy Production L. P., for
Company, applying
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 699354.
BEFORE: GUIDRY, MCCLENDON, AND LANIER, JJ.
WRIT GRANTED. We reverse the October 20, 2020 district
court judgment that granted the dilatory exception of lis
pendens and stayed this action. The party filing the objection
of lis pendens has the burden of proving the facts necessary for
the exception to be granted. Patten/ Jenkins BR Popeyes, L. L. C.
v. SRG Baton Rouge II, L. L. C., 2019- 1160 ( La. 1st Cir.
App.
6/ 16/ 20), So. 3d1 2020 WL 3249296, * 6. The
Louisiana Department of Natural Resources did not meet its
burden of proving its entitlement to the relief sought in that
the two actions do not arise from the same transaction or
occurrence. The exception of lis pendens is denied.
JMG
PMC
WIL
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY
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OF COURT
FOR THE COURT