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Williams v. Vintage Petroleum3/5/2002
DATE OF TRIAL COURT JUDGMENT: 05/17/1999
TRIAL JUDGE: HON. BILLY JOE LANDRUM
COURT FROM WHICH APPEALED: JONES COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - OTHER
TRIAL COURT DISPOSITION: SUMMARY JUDGMENT FOR DEFENDANTS
DISPOSITION: REVERSED AND REMANDED - 03/05/2002
EN BANC
. Henry Lee Williams appeals the decision of the Jones County Circuit Court. His stated issues are whether res judicata bars a second action when there was no disposition on the merits of the first action and whether res judicata can be applied barring a second action, when the claims of the first action were not present in the second action.
FACTS
. In the 1960s several oil companies drilled on Viola Williams' land. Viola Williams is the deceased mother of the Appellant, Henry Lee Williams. In 1993, a suit was filed on behalf of Viola alleging certain defendants caused the property to be exposed to radioactive scale or deposits, saltwater and other waste from their oil and gas production. Viola owned a life estate in the land, located in Jones County, upon which B.P. Williams No. 1 Well is located.
. Viola's case was referred to as the "Madison action" and was originally filed in Hinds County, Mississippi. Due to the fraudulent joinder of Southeastern NORM Environmental, Inc., a non-diverse defendant, Viola's case was removed to federal court.
. In August, 1994, Henry Lee Williams filed a complaint against the same defendants originally sued by Viola in the "Madison" suit. His claims were identical and the land subject to this suit is the same, as Henry had a remainderman interest in this land. Henry added two non-diverse defendants, Smith and Fuente. This suit was also removed to federal court upon the allegations of fraudulent joinder of non-diverse defendants.
. Viola died while the cases were pending and Henry was named sole heir and administrator of his mother's estate. As such he was forced to pursue her claims along with his claims when his mother's guardian tried to have her case dismissed without prejudice. In December of 1994, the two suits were consolidated. The federal district court found that Southeastern NORM, Smith and Fuente were fraudulently joined and entered judgments in their favor. Smith's dismissal was appealed. On June 2, 1997, the United States Court of Appeals for the Fifth Circuit vacated and remanded the cases to the district court. Upon petition for rehearing the Fifth Circuit remanded the "Madison action," Viola's suit, to the district court with instructions to remand Henry's case to the Circuit Court of Jones County.
. Jones County Circuit Court entered an order staying Henry's case as to Smith and Vintage Petroleum until the completion of the federal action. That order specifically stated that it would not "preclude or prohibit Defendant's Smith and Vintage from filing motions to dismiss on res judicata or collateral estoppel grounds during the period of the stay."
. In April 1998, the circuit court entered an order dismissing Placid Oil Company and Texas International Petroleum Corporation and held that the doctrines of res judicata and collateral estoppel applied. Henry did not appeal those dismissals.
. On July 23, 1998, the United States District Court for the Southern District of Mississippi, entered an order dismissing with prejudice all of Viola's claims against Vintage Petroleum and Smith pending in the parallel federal district court. This was done on Henry's motion for such action. Based on this dismissal, Vintage Petroleum and Smith moved for summary judgment on the doctrines of r
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