Opinion
No. 18591-CA.
April 1, 1987.
APPEAL FROM SIXTH JUDICIAL DISTRICT COURT, PARISH OF TENSAS, STATE OF LOUISIANA, HONORABLE ALWINE M. RAGLAND, J.
Swanwick Brazee by W. Miguel Swanwick and David E. Norris, Lafayette, for defendants-appellants.
Nelkin Pickle by Warren J. Pickle, Metairie, for plaintiffs-appellees.
Before MARVIN, FRED W. JONES, Jr. and LINDSAY, JJ.
The lessees-working interest owners in two oil, gas, and mineral leases (Bath Form, LA.SPEC. 14-BR1-2A) appeal a judgment against them that awarded LRS 31:207 damages and attorney fees for their failure to execute, under LRS 31:206, within 30 days after formal demand, a release of the acreage under the lease that was not contained in a compulsory production unit, the unit well for which was drilled on land other than the leased acreage.
The trial court erroneously relied on Paragraph 6 of the lease form to conclude that the leased acreage was "divided." We have squarely held that that paragraph of this lease form applies only to voluntary, and not to compulsory, production units. Mathews v. Goodrich Oil Co., 471 So.2d 938 (La.App. 2d Cir. 1985), writ denied.
The fact that these lessees executed the § 206 release after the action was instituted does not change the result or make lessees obligated for § 207 damages and attorney fees.
The judgment appealed is reversed and judgment is hereby rendered rejecting appellees' demands at their costs.