NOT FOR PUBLICATION SYLVIA R. COOKS , Judge . FACTS AND PROCEDURAL HISTORY Plaintiff Robert Schram (Schram) was injured while assisting in the construction of a free-standing tin roof over a mobile home trailer located in Alexandria, Louisiana. Plaintiff was working with Mr. Dan Baker (Baker) and Mr. Mark Hennigan (Hennigan) at the time of the accident. The trailer is located on property owned by Ronnie Waters (Waters) and his wife, and is rented to a tenant who is not a party to this...
Judge Joy Cossich Lobrano . This breach-of-contract action arises from a long-standing dispute relating to a 1996 construction contract entered into by appellees, Sterling Doucette and Doucette & Associated Contractors, Inc. (collectively "Doucette"), and appellants, Angele Jackson Guient and Borjius Guient (collectively the "Guients"), to build the Guients' residence in New Orleans, Louisiana. For the reasons that follow, we affirm in part and reverse in part the district court's award of...
NOT DESIGNATED FOR PUBLICATION WELCH , J. The plaintiff, Samantha Gray, appeals a summary judgment granted in favor of the defendants, Walgreen Louisiana Co., Inc. 1 ("Walgreens"), Sedgwick CMS ("Sedgwick"), Chelsea Landry, 2 and their liability insurer, Zurich American Insurance Company, which dismissed the plaintiff's petition for damages and for violation of her rights under the Health Insurance Portability and Accountability Act ("HIPAA"). We affirm the judgment of the district...
NOT DESIGNATED FOR PUBLICATION McCLENDON , J. Plaintiffs appeal a trial court judgment that dismissed their claims with prejudice following a bench trial on the merits. For the reasons that follow, we affirm. FACTS AND PROCEDURAL HISTORY On January 29, 2004, a fire originated in the common wall between adjoining townhomes located in the Port Louis townhome complex in Madisonville, Louisiana, causing severe damage to both townhomes. In January 2005, Kenneth and Karen Savage, owners of...
NOT DESIGNATED FOR PUBLICATION CHUTZ , J. Defendants-appellants, Claude Porter, Ervin LaBostrie, Jr., and Paulette Porter LaBostrie 1 (collectively defendants), 2 appeal the trial court's judgment rendering confirmation of a default judgment, which quieted the tax sale title of plaintiff-appellee, Adair Assets Management, LLC (Adair), free from any encumbrances against immovable property located in Iberville Parish. The judgment also assessed attorney fees and costs associated with...
NOT DESIGNATED FOR PUBLICATION CHUTZ , J. Defendants-appellants, Claude Porter, Ervin LaBostrie, Jr., and Paulette Porter LaBostrie 1 (collectively defendants), 2 appeal the trial court's judgment rendering "a judgment of default" against them and entering a preliminary default in favor of plaintiff-appellee, Adair Assets Management, LLC (Adair). The appealed judgment additionally found Mrs. LaBostrie in contempt of court for failing to comply with an order compelling her to provide...
McCLENDON , J. In this workers' compensation case, the employer appeals from a judgment that awarded the claimant penalties and attorney fees. The claimant answered the appeal, seeking additional attorney fees for defending the appeal. For the following reasons, we reverse that part of the judgment that awarded penalties and attorney fees and deny the answer to the appeal. FACTS AND PROCEDURAL HISTORY The claimant, Gregory Crow, was employed by St. Tammany Parish Government (STPG) as a...
CARAWAY , J. The plaintiff appeals from a trial court's grant of a summary judgment in favor of the intervenor bank which sought to have the plaintiff's Private Works Act lien and privilege ruled null and void. We affirm. Facts On June 29, 2009, Remijio Leija filed suit against John and Wendi Gathright seeking recognition of a privilege under the Private Works Act and $174,154.34 in damages, plus interest and costs. Leija asserted that he had entered into a verbal contract with the...
SAVOIE , Judge . In this insurance coverage dispute, at issue is whether a "garage policy" issued to a car dealership provides uninsured motorist coverage and/or medical payments coverage to the Plaintiff for damages she sustained in an auto accident while she was driving a vehicle she had borrowed from the dealership. For the following reasons, we affirm the trial court's summary judgment finding that neither type of coverage was available to Plaintiff and its dismissal of Plaintiff's...
COOKS , Judge . In this appeal involving a royalty dispute, Defendants, Anglo-Dutch Energy, L.L.C. and Anglo-Dutch (Everest), L.L.C. (hereafter Anglo-Dutch), are oil and gas operators, who had an Oil, Gas and Mineral Lease with Plaintiffs, Frank Hayes Gladney and Margaret Stella Gladney Guidroz. On August 28, 2009, Plaintiffs granted a mineral lease over its land to Anglo-Dutch. That lease provided Plaintiffs were entitled to a one-fifth royalty on all oil, gas or other minerals reduced to...
Judge Roland L. Belsome . Plaintiffs, Bourbon Investments, L.L.C. and 209 Realty, L.L.C., appeal the dismissal of their action upon the granting of Defendants' exceptions of lack of procedural capacity and no right of action. Plaintiffs also appeal the trial court's denial of their motion for new trial. For the reasons that follow, we affirm the trial court's judgments. FACTS AND PROCEDURAL HISTORY This case arises out of Plaintiffs' failed attempt to purchase Galatoire's Restaurant in...
PAUL A. BONIN , JUDGE . Construction Diva, L.L.C., responded to an Invitation to Bid on a publicly bid contract, issued by the City of New Orleans on behalf of the New Orleans Aviation Board, to provide landscaping maintenance services for properties owned by the Aviation Board. 1 The contract called for, among other things, forty percent participation by certified disadvantaged business entities. Although it had been certified by the City as a disadvantaged business entity, and had made...
NOT DESIGNATED FOR PUBLICATION JOHN E. CONERY , Judge . Defendant, John J. Landry, III, was charged in an indictment filed on August 23, 2012, with first degree murder, a violation of La.R.S. 14:30, and simple robbery, a violation of La.R.S. 14:65. Defendant entered a plea of not guilty on October 29, 2012. On October 16, 2014, Defendant filed a Motion to Waive Trial By Jury. On January 21, 2015, count one of the indictment was amended to second degree murder, a violation of La.R.S. 14:30....
KEATY , Judge . This court, on its own motion, issued a rule to the appellant, Davita Smith (Smith), to show cause why her appeal should not be dismissed as having been taken in a case in which no final judgment has been issued in accordance with La. Code Civ.P. Arts. 1841 and 2083 and for failure to satisfy the requirements of La. Code Civ.P. Art. 2121 in that there is no appeal for Office of Workers' Compensation (OWC) docket number 10-8696. For the reasons that follow, we dismiss the...
PETERS , J. The defendant, Breaux Bridge Ventures, LLC, d/b/a Silver's Casino, appeals the trial court's grant of a judgment notwithstanding the verdict and an award of $250,000.00 in future general damages to the plaintiff, Willie Brown, Jr., for injuries he sustained after tripping and falling on the defendant's premises. We cannot consider this appeal because we lack jurisdiction to hear the appeal based on the fact that there exists no valid final judgment to review. Therefore, we...
GARRETT , J. The schizophrenic mother of a four-year-old girl who has been in foster care since infancy appeals from a trial court judgment terminating her parental rights and releasing the child for adoption. We affirm the trial court judgment. FACTUAL BACKGROUND AND PROCEDURAL HISTORY In late June 2012, the 32-year-old mother — who has a significant and lengthy history of substance abuse and mental illness — gave birth to a daughter, T.P. After being discharged from the hospital, the...
WILLIAMS , J. The mother, S.S., appeals a judgment terminating her parental rights to the minor child, K.B. The trial court found that the mother did not substantially complete the case plan and there was no reasonable expectation of compliance in the foreseeable future. For the following reasons, we affirm. FACTS The child, K.B, was born in August 2014. Her mother is S.S. and her father is D.B. In February 2015, an instanter order was issued alleging ongoing use of methamphetamines...
Judge ROSEMARY LEDET This is a suit by a subcontractor against a general contractor alleging, among other things, breach of contract and violation of the prompt pay and misapplication of funds statutes. La. R.S. 9:2784 (prompt pay statute); La. R.S. 9:4814 (misapplication of funds statute). Boes Iron Works, Inc. ("Boes"), the subcontractor, commenced this case against the following three related defendants: Gee Cee Group, Inc. ("Gee Cee Group"); The Gee Cee Company of LA, Inc. ("Gee Cee...
BROWN , CHIEF JUDGE . Plaintiffs, Julius and Gloria Boston, on behalf of their minor son, Jordan, brought suit against defendant, Jackson Parish School Board, for damages, claiming negligent supervision. After a bench trial, the district court rendered a judgment in favor of defendant, finding no liability and dismissing the case. 1 Plaintiffs filed the instant appeal. For the reasons set forth below, we affirm. Facts On February 8, 2012, P.E. Coach Greg Garner instructed Jordan and...
NOT DESIGNATED FOR PUBLICATION PETTIGREW , J. In a previous appeal to this court, plaintiffs challenged the trial court's judgment that dismissed their suit against defendants as res judicata due to a prior arbitration between the parties. See Pierrotti v. Johnson, 2011-1317 (La. App. 1 Cir. 3/19/12), 91 So.3d 1056 ( "Pierrotti I" ). Finding error in the trial court's ruling on the res judicata issue, we reversed and remanded for further proceedings. Pierrotti I, 2011-1317 at...
