Legal Opinion · Dissent

Franklin v. Camterra Resources Partners, Inc.

Louisiana Court of Appeal

Decided May 22, 2013No. 48,021-CAPublished

1DissentBrown, Chief Judge

|]On rehearing, the majority has with sleight of hand changed the dispositive analysis of this case from one of “cause or a vice of consent” to “ambiguity.” They have also ignored the recent unanimous Louisiana Supreme Court’s decision of Peironnet v. Matador Resources Co., 12-2292 (La.06/28/13), — So.3d -, 2013 WL 3752474.

The majority now states that “[t]he Ar-buckle Deed is ambiguous” in that the two “clauses are mutually inconsistent, or, at least, confusing.” In fact, the two clauses transferring property are clearly consistent and definitive. The Trust transferred what it owned to the…

2Cases cited4 opinions

  1. Peironnet v. Matador Resources Co.Supreme Court of Louisiana · 2013
  2. Tweedel v. BrasseauxSupreme Court of Louisiana · 1983
  3. Harnischfeger Sale Corporation v. Sternberg Co.Supreme Court of Louisiana · 1934
  4. Peironnet v. Matador Resources Co.Louisiana Court of Appeal · 2012

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