Lucky v. ENCANA OIL & GAS (USA), INC.

|Jn this appeal, plaintiffs, Frederick Lucky and Lucky-Moore Farm Trust (collectively “Lucky”), appeal the judgment of the 26th Judicial District Court, Parish of Bossier, State of Louisiana, which sustained the dilatory exception of prematurity filed by Fite Oil & Gas, Inc. (“Fite”). Lucky’s claims against Fite were dismissed without prejudice. For the following reasons, we affirm the trial court’s judgment.

Facts

Lucky owns immovable property in Bossier Parish, Louisiana. In May 2005, he entered into various oil, gas and mineral leases with Fite. The leases included various provisions, among…