PITMAN, J.
[¶ 1] Appellants, R. Kenneth Jeane and Suzanne W. Jeane ("the Jeanes"), appeal the trial court's granting of a motion for summary judgment filed by Appellees, Virgil Mason, Clarece Mason Brown, Vergia Mason, Tommie Ann Mason Mims, Bettie Gail Mason, Onteryl Mason and Chuncy Mason (collectively, "the Masons"), and denial of a motion for summary judgment filed by the Jeanes. For the following reasons, we reverse the judgment of the trial court and grant summary judgment in favor of the Jeanes.
Virgil Mason inherited a 1/125 interest and a 1/880 interest from his father, Willis Mason, in a piece of immovable property located in Jackson Parish. Virgil Mason also inherited a 3/880 interest in the property from his sister, Mary Mason.
On August 4, 1988, Virgil Mason, married to Mattie Mason, signed a cash sale deed conveying to James Leonard, married to Martha Leonard, and Gentry Leonard ("the Leonards"):
The Jeanes subsequently purchased the Leonards' interest in the property.
On June 3, 2010, the Masons filed a petition against Exco Operating Company, LP ("Exco"), and Ozark Properties, LLC ("Ozark"). The Masons alleged that they are the owners of an undivided interest, including an undivided mineral interest, in the property. The Masons further alleged that they leased the property to Ozark, Ozark assigned the lease to Exco and Exco began production on the property. The Masons state that Exco and Ozark failed and refused to pay
Exco filed a peremptory exception of nonjoinder and alleged that the Masons claim ownership of property and mineral interests that have been attributed to the Jeanes,
The Masons filed a motion for summary judgment arguing that the cash sale deed is clear on its face that the only property conveyed to the Leonards was the separate property of Virgil Mason inherited from the Willis Mason estate.
The Jeanes filed a motion for summary judgment arguing that the cash sale deed clearly transferred all of the interest in the property owned by Virgil Mason to the Leonards.
Exco filed a motion for summary judgment and argued that its records show that the current owners of the disputed 3/880 interest in the property are the Jeanes. Exco alleged that the cash sale deed at issue is unclear on its face, but that there are no material facts in dispute as to its meaning.
The Masons, the Jeanes and Exco filed an agreement stating that they agreed and consented to presenting the three motions for summary judgment to the trial court based upon the record and memoranda filed by the parties.
On March 27, 2013, the trial court signed a judgment and written reasons for judgment on motions for summary judgment filed by the Masons, the Jeanes and Exco. The trial court found that the Masons' motion should be granted, the Jeanes' motion should be denied and Exco's motion should be granted. The trial court explained that all parties agreed that the issue for summary disposition is a matter of law only and that the trial court's decision is based on the record and motion papers filed by the parties. The trial court stated that at issue is the meaning of the property description of the 1988 cash sale deed and that the "description is disputed because it declares that Virgil Mason is conveying all of his undivided interest and that he is conveying only that interest he inherited from Willis Mason's estate." The trial court wrote:
The trial court determined that the Masons are the owners of the 3/880 interest Virgil Mason inherited from his sister, Mary Mason.
On April 29, 2013, the Jeanes filed a motion and order for suspensive appeal.
In their first assignment of error, the Jeanes argue that the trial court erred in finding that the cash sale deed did not convey all of Virgil Mason's undivided interest in and to the property to the Leonards. The Jeanes contend that the trial court erred in granting summary judgment in favor of the Masons and erred in finding that the Masons are to be recognized as owners of the 3/880 interest Virgil Mason inherited from his sister.
The Jeanes allege that, on the face of the deed, it is clear that Virgil Mason intended to convey "all of [his] undivided interest" in the property to the Leonards. The Jeanes contend that a deed cannot convey all of one's undivided interest in property and, at the same time, convey only a portion of one's undivided interest in that property. The Jeanes argue that the provision stating that the property being conveyed is what Virgil Mason inherited from his father's estate was included to clarify that Virgil Mason was conveying his separate property — not his interest in community property owned with his wife.
The Masons agree with the Jeanes that the words of the deed are clear and explicit, but the Masons argue the clear meaning is that only the undivided interest in the portion inherited from Willis Mason was conveyed to the Leonards. The Masons contend that the phrase "This is the separate property of Virgil Mason inherited from Willis Mason's Estate" was included in the property description to clarify that the deed only conveys a portion of Virgil Mason's interest in the property.
An appellate court reviews a trial court's granting of summary judgment de novo under the same criteria that govern the trial court's consideration of whether summary judgment is appropriate. Moreno v. Entergy Corp., 12-0097 (La.12/4/12), 105 So.3d 40; Will-Drill Resources, Inc. v. Huggs Inc., 32,179 (La.App.2d Cir.8/18/99), 738 So.2d 1196, writ denied, 99-2957 (La.12/17/99), 751 So.2d 885 [citing Reynolds v. Select Properties, Ltd., 93-1480 (La.4/11/94), 634 So.2d 1180, and Schroeder v. Board of Supervisors of Louisiana State University, 591 So.2d 342 (La.1991)].
Louisiana Civil Code articles 2045-2057 govern the interpretation of contracts. The interpretation of a contract is the determination of the common intent of the parties. La. C.C. art. 2045. When the words of a contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the parties' intent. La. C.C. art. 2046. The words of a contract must be given their generally prevailing meaning. La. C.C. art. 2047. Words susceptible of different meanings must be interpreted as having the meaning that best conforms to the object of the contract. La. C.C. art. 2048. Each provision in a contract must be interpreted in light of the other provisions so that each is given the meaning suggested by the contract as a whole. La. C.C. art. 2050.
The cash sale deed is unambiguous and clearly conveys all of Virgil Mason's interest in the property to the Leonards. The deed explicitly states that "all of Virgil Mason's undivided interest" in the property was conveyed to the Leonards. The property description does include specific exceptions to what was conveyed, i.e.:
The deed does not include as an exception the property inherited from Mary Mason. The phrase "This is the separate property of Virgil Mason inherited from Willis Mason's Estate" clarifies that the property being conveyed is Virgil Mason's separate property, not community property shared with his wife. This phrase does not limit the conveyance to that property inherited from Willis Mason. Although the trial court correctly determined that the deed is clear and unambiguous, the trial court erred in finding that Virgil Mason did not convey all of his interest in the property to the Leonards. Therefore, the trial court also erred in granting the Masons' motion for summary judgment.
Accordingly, this assignment of error has merit.
In their second assignment of error, the Jeanes argue that the trial court erred in not granting their motion for summary judgment. The Jeanes contend that, for the reasons set forth in their first assignment of error, the trial court should have granted their motion and ruled that the Masons own no interest in the property because Virgil Mason conveyed all of his interest to the Leonards.
Considering this court's foregoing determination that the cash sale deed is unambiguous and clearly conveyed all of Virgil Mason's undivided interest in the property to the Leonards, we find that the trial court erred in denying the Jeanes' motion for summary judgment.
An appellate court shall render any judgment which is just, legal and proper upon the record on appeal. La. C.C.P. art.
Accordingly, this assignment of error has merit.
For the foregoing reasons, we reverse the judgment of the trial court in favor of Appellees, Virgil Mason, Clarece Mason Brown, Vergia Mason, Tommie Ann Mason Mims, Bettie Gail Mason, Onteryl Mason and Chuncy Mason, and grant summary judgment in favor of Appellants, R. Kenneth Jeane and Suzanne W. Jeane. Costs of this appeal are assessed to Appellees Virgil Mason, Clarece Mason Brown, Vergia Mason, Tommie Ann Mason Mims, Bettie Gail Mason, Onteryl Mason and Chuncy Mason.
APPLICATION FOR REHEARING
Before WILLIAMS, STEWART, MOORE, LOLLEY & PITMAN, JJ.
Rehearing denied.