BRIGHAM BREDNICH NO CA-1209 VERSUS COURT OF APPEAL
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1 BRIGHAM BREDNICH VERSUS BOURBON NITE-LIFE, LLC D/B/A RAZZOO COMPANY, BREVORT ENTERTAINMENT ENTERPRISES, LLC, EDDIE ROBINSON, GAETANA EDIN, ESSEX INSURANCE COMPANY AND MARK WEATHERS * * * * * * * * * * * NO CA-1209 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO , DIVISION M Honorable Paulette R. Irons, Judge * * * * * * Judge Max N. Tobias, Jr. * * * * * * (Court composed of Judge Dennis R. Bagneris, Sr., Judge Max N. Tobias, Jr., Judge Joy Cossich Lobrano) LOBRANO, J., CONCURS IN THE RESULT Steven B. Witman Jene Liggins LAW OFFICES OF STEVEN B. WITMAN Two Lakeway Center Suite N. Causeway Boulevard Metairie, Louisiana COUNSEL FOR DEFENDANT/APPELLANT Corinne A. Morrison Peter J. Rotolo, III Kurt D. Duncan CHAFFE McCALL, L.L.P Energy Centre 1100 Poydras Street New Orleans, LA COUNSEL FOR DEFENDANT/APPELLEE AFFIRMED.
2 The appellant, Philippe Uson ( Uson ), appeals a final judgment rendered in favor of the appellee, Bourbon Nite-Life, L.L.C. ( BNL ), sustaining BNL s exception of no right of action, dismissing with prejudice all of the claims in Uson s reconventional demand brought against BNL. Uson also appeals the denial of his related motion for new trial. For the following reasons, we affirm the trial court s judgments. I. In December 2003, BNL entered into a management agreement (the Agreement ) with Bourbon Enterprises, Inc. ( BET ), whereby BET agreed to manage, operate, promote, and maintain Razzoo s, a New Orleans Bourbon Street nightclub. On the last page of the Agreement, Uson, the owner of BET, individually intervened therein to personally guarantee the performance of BET s corporate obligations as well as those obligations delegated specifically to Uson as enumerated therein. 1 According to the Agreement, BET had the exclusive and full responsibility for staffing the nightclub and employee training and ensuring that Razzoo s was a safe and secure facility. 1 It is undisputed that BET, while a corporation, was a one-person enterprise involving Uson. At all times pertinent, Uson was an employee of and compensated by BET. 1
3 On 19 July 2006, the plaintiff, Brigham Brednich, filed suit against BNL and BET seeking damages as a result of injuries he allegedly sustained in 2005 after being knocked down by a bouncer at Razzoo s. BNL was named a party defendant as the owner of Razzoo s and BET was named a party defendant as Razzoo s manager. Though the Agreement was in full force and effect on the date Brednich allegedly sustained his injuries, the Agreement was terminated in October Specifically, Gaetanna Edin Tammetta, on behalf of BNL, and Uson, on behalf of BET, entered into an agreement in principle on 27 October 2009 terminating the Agreement and addressing other related matters. In April 2011, nearly five years after the inception of this litigation and 18 months after the termination of the Agreement, BNL filed a cross-claim against BET seeking any and all costs and attorneys fees incurred by BNL in defending against Brednich s claims per the terms of the Agreement. BNL also sought recovery from BET of the amount of any judgment rendered against BNL on Brednich s main demand. BET answered BNL s cross-claim and filed its own cross-claim against BNL seeking indemnification and contribution for all amounts paid or to be paid for Brednich s claims. BET s cross-claim was silent as to any other claims it may have had against BNL. In July 2011, BNL filed a third-party demand against Uson personally seeking defense and indemnity in accordance with Uson s written personal guarantee to perform all obligations of BET per the Agreement. Uson answered the demand and, further, asserted a reconventional demand against BNL, alleging 2
4 that BNL breached the Agreement with BET resulting in personal damages to Uson. 2 Specifically, Uson claimed that he personally suffered damages, including, but not limited to, (a) loss of compensation, of expense reimbursement, and of undistributed profits, all as allegedly provided for the by the Agreement, and (b) other unnamed damages to be proven at trial. In response, BNL filed an exception of no right of action averring that Uson, who was only an intervenor and not an actual party to the Agreement, lacked standing to individually assert any claims on behalf of BET. BNL s exception came for hearing on 10 January 2011, at which time the trial court granted the exception finding that Uson had no right of action against BNL for damages he personally sustained for an alleged breach of the Agreement. Judgment was rendered on 17 January 2012, dismissing Uson s reconventional demand against BNL, with prejudice. Uson filed a motion for new trial, which the trial court denied by judgment dated 16 May Uson s timely appeal followed. II. Uson contends the trial court erroneously granted BNL s exception of no right of action because it failed to conclude that he was a party to the Agreement and, as such, maintained a right to sue for personal damages sustained as a result of BNL s purported breach. We disagree. Determination of whether a party has a right of action is a question of law. Acorn Community Land Ass n of Louisiana, Inc. v. Zeno, , p. 3 (La. App. 4 2 Uson contends that BNL breached the Agreement by terminating it without cause and by failing to give Uson or BET written notice of default and thirty days within which to correct the alleged default resulting in his incurring personal damages. 3
5 Cir. 6/21/06), 936 So.2d 836, 838. An appellate court reviews questions of law by making a determination as to whether the trial court was legally correct or legally incorrect. Id. The function of an exception no right of action is to determine whether the party asserting the action belongs to a class of persons to whom the law grants the cause of action asserted. Industrial Companies, Inc. v. Durbin, , p. 11 (La. 1/28/03), 837 So.2d 1207, The no right of action exception assumes that the petition states a valid cause of action for some person. Id. at 12, 837 So.2d at The exception of no right of action does not raise the question of the party s ability to prevail on the merits of the case. Wallace Drennan, Inc. v. Sewerage & Water Board, , p. 5 (La. App. 4 Cir. 9/22/99), 753 So.2d 861, 864. Evidence is admissible to rebut or support an exception of no right of action when the grounds of the exception do not appear in the petition. La. C.C.P. art See also Eubanks v. Hoffman, , pp. 5-6 (La. App. 4 Cir. 12/11/96), 685 So.2d 597, 600. In order for Uson to maintain an action against BNL for losses he contends he individually incurred as a result of BNL s alleged breach, one must first determine that Uson was an actual party to the Agreement. A copy of the Agreement was introduced into evidence. The trial court determined that Uson s intervention into the Agreement was to guarantee the performance of BET s obligations thereunder and did not make him a party thereto. 3 The trial court determined that Uson, individually, had no enforceable interest in the Agreement 3 Uson contends that his intervention into the Agreement, coupled with the obligations he personally undertook as set forth therein, made him an actual party rather than a mere guarantor of BET s obligations and, accordingly, vested him with certain contractual rights as against BNL. 4
6 and, therefore, could not sue for any personal damages he may have sustained from an alleged breach. We agree. The Agreement states that it was being executed by and between BNL and BET. BET, not Uson, undertook complete responsibility for managing, operating, promoting, and maintaining Razzoo s. All payments made pursuant to the Agreement were made to BET; no provision allowed for or entitled Uson to individual compensation or expenses. Moreover, Uson was the principal owner and an employee of BET. While various provisions of the Agreement established obligations for personal performance undertaken and agreed to by Uson, as well as an agreement to be personally responsible for the performance of BET s obligations, no reciprocal obligations on the part of BNL to Uson were created by which Uson would be considered a party. Additionally, by intervening into the Agreement, Uson did not become a party to it or thereby acquire any personal benefits or rights against BNL. Uson s intervention into the Agreement was made solely to provide security to BNL for the performance of BET s obligations thereunder. See La. C.C. art Uson was solely a guarantor or surety of BET s obligations. See La. C.C. art Accordingly, we find the trial court properly determined that Uson was not a party to the Agreement and, thus, had no personal right of action against BNL for personal damages that he may have sustained as a result of BNL s purported breach. Though Uson, as solely a guarantor or surety, lacked standing to bring a claim against BNL for his own personal losses, we note that Uson might have had 4 La. C.C. art relates to suretyship, which provides that a [s]uretyship is an accessory contract by which a person binds himself to a creditor to fulfill the obligation of another upon the failure of the latter to do so. 5
7 standing at one time to assert an oblique action 5 against BNL for a cause of action that BET may have had but failed to exercise against BNL for losses it sustained as a result of BNL s alleged breach (i.e. wrongful termination of the Agreement, loss of net profits, etc.). However, in asserting an oblique action, Uson could only assert those rights belonging to BET. The record shows that BET was named a defendant in the underlying suit by way of Brednich s first supplemental and amending petition filed on 11 July Thereafter, on 19 May 2011, BET filed a cross-claim against BNL seeking indemnity and contribution. The cross-claim is devoid of any claim by BET that it may have had against BNL for breach of the Agreement or for loss of profits and/or compensation. La. C.C.P. art. 425 A provides that [a] party shall assert all causes of action arising out of the same transaction or occurrence that is the subject matter of the litigation. Because BET failed to assert all claims it may have had against BNL pertaining to the Agreement in its cross-claim as required by article 425, BET effectively waived those claims, thereby precluding Uson from asserting those claims against BNL in an oblique action. III. Accordingly, we conclude that Uson had no right of action against BNL for any personal damages he may have sustained as a result of any breach by BNL of the Agreement. Any right of action Uson would have had would have been in the form of an oblique action which he cannot now assert by virtue of BET s failure to 5 Oblique actions are governed by La. C.C. art. 2044, which provides: If an obligor causes or increases his insolvency by failing to exercise a right, the obligee may exercise it himself, unless the right is strictly personal to the obligor. 6
8 assert same in its cross-claim that is now res judicata. Having found no error of law in its judgment, we hold the trial court did not abuse its broad discretion when it denied Uson s motion for new trial. La. C.C. art. 1972; see also Guillory v. Lee, , p. 38 (La. 6/26/09), 16 So.3d 1104, 1131; McGhee v. Wallace Drennan, Inc., , p. 11 (La. App. 4 Cir. 4/20/05), 904 So.2d 3, 9. AFFIRMED. For that purpose, the obligee must join in the suit his obligor and the third person against whom that right is asserted. 7
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MILDRED JONES NO CA-0407 VERSUS COURT OF APPEAL NEXT GENERATION HOMES, LLC AND RECOVERY DEVELOPMENT GROUP, LLC FOURTH CIRCUIT STATE OF LOUISIANA
MILDRED JONES VERSUS NEXT GENERATION HOMES, LLC AND RECOVERY DEVELOPMENT GROUP, LLC NO. 2011-CA-0407 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO.
NO CA-0232 RUSSELL KELLY D/B/A AFFORDABLE HOUSING CONTRACTORS, LLC COURT OF APPEAL VERSUS FOURTH CIRCUIT THOMAS H.
RUSSELL KELLY D/B/A AFFORDABLE HOUSING CONTRACTORS, LLC THOMAS H. O'NEIL D/B/A 3RD STREET PROPERTIES, LLC NO. 2011-CA-0232 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA THOMAS H. O'NEIL, BIENVILLE
JANICE CLABORNE AND SHERYL JONES NO CA-0808 COURT OF APPEAL VERSUS THE HOUSING AUTHORITY OF NEW ORLEANS FOURTH CIRCUIT STATE OF LOUISIANA
JANICE CLABORNE AND SHERYL JONES VERSUS THE HOUSING AUTHORITY OF NEW ORLEANS * * * * * * * * * * * NO. 2012-CA-0808 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT COURT, ORLEANS
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT VICTOR MILLER AND KENT ARMENTOR CONSTRUCTION, L.L.C. **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 14-1070 JAMES DUPLANTIS AND KATHLEEN DUPLANTIS VERSUS VICTOR MILLER AND KENT ARMENTOR CONSTRUCTION, L.L.C. ********** APPEAL FROM THE THIRTY-FIRST JUDICIAL
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 05-568 RING CONSTRUCTION, LLC VERSUS CHATEAU DES LIONS, LLC ********** APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 03-4031
MARC E. JOHNSON JUDGE
LUCKY COIN MACHINE COMPANY VERSUS J.O.D. INC. D/B/A THE BAR AND JASON JAUME NO. 14-CA-562 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
MARY LOU MCCALL NO CA-0742 VERSUS COURT OF APPEAL FOCUS WORLDWIDE TELEVISION NETWORK, INC., ET AL. FOURTH CIRCUIT STATE OF LOUISIANA
MARY LOU MCCALL VERSUS FOCUS WORLDWIDE TELEVISION NETWORK, INC., ET AL. * * * * * * * * * * * NO. 2012-CA-0742 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT COURT, ORLEANS
BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE NO CA-0506 COURT OF APPEAL FOURTH CIRCUIT VERSUS
BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE VERSUS MID CITY HOLDINGS, L.L.C., ET AL. * * * * * * * * * * * NO. 2014-CA-0506 COURT OF APPEAL FOURTH CIRCUIT
BARRY F. KERN NO CA-0915 VERSUS COURT OF APPEAL BLAINE KERN, SR. FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *
BARRY F. KERN VERSUS BLAINE KERN, SR. * * * * * * * * * * * NO. 2011-CA-0915 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2011-3812, DIVISION L-6
HIGH TECH STEEL PRODUCTS, LLC NO CA-0652 COURT OF APPEAL VERSUS FOURTH CIRCUIT UNITED STATES ENVIRONMENTAL SERVICES, LLC, ET AL.
HIGH TECH STEEL PRODUCTS, LLC VERSUS UNITED STATES ENVIRONMENTAL SERVICES, LLC, ET AL. * * * * * * * * * * * NO. 2015-CA-0652 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT
HANS J. LILJEBERG JUDGE
JEFFERSON PARISH SCHOOL BOARD VERSUS TIMBRIAN, LLC NO. 17-CA-668 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT consolidated with
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 06-180 consolidated with 06-181 DAVIS GULF COAST, INC. VERSUS ANDERSON EXPLORATION CO., INC., THREE SISTERS TRUST AND AUSTRAL OIL & EXPLORATION, INC. **********
No. 52,304-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *
Judgment rendered September 26, 2018. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. No. 52,304-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * *
SUSAN M. CHEHARDY JUDGE Panel composed ofjudges Susan M. Chehardy, Fredericka Homberg Wicker, and Marc E. Johnson
DAVID SCHEUERMANN, JR. VERSUS CADILLAC OF METAIRIE, INC. AND GENERAL MOTORS CORPORATION NO.ll-CA-1l49 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
APRIL BATTAGLIA NO CA-0339 VERSUS COURT OF APPEAL CHALMETTE MEDICAL CENTER, INC., DR. O'SULLIVAN AND DR. KELVIN CONTREARY FOURTH CIRCUIT
APRIL BATTAGLIA VERSUS CHALMETTE MEDICAL CENTER, INC., DR. O'SULLIVAN AND DR. KELVIN CONTREARY * * * * * * * * * * * NO. 2012-CA-0339 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM ST. BERNARD
No. 49,278-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * MICHAEL DAVID COX Plaintiff-Appellee. Versus
No. 49,278-CA Judgment rendered August 13, 2014. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * MICHAEL
CHANIEL AGE AND VARNEY GOBA NO CA-1654 COURT OF APPEAL VERSUS FOURTH CIRCUIT
CHANIEL AGE AND VARNEY GOBA VERSUS DLJ MORTGAGE CAPITAL, INC., SELECT PORTFOLIO SERVICING, INC., (FORMERLY KNOWN AS FAIRBANKS CAPITAL CORP); ET AL. * * * * * * * * * * * NO. 2013-CA-1654 COURT OF APPEAL
NOT DESIGNATED FOR PUBLICATION
NOT DESIGNATED FOR PUBLICATION KRISTA STANLEY VERSUS STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 08-221 ST. CHARLES GAMING COMPANY, INC. D/B/A ISLE OF CAPRI CASINO-LAKE CHARLES ********** APPEAL
WALTER J. ROTHSCHILD JUDGE
BRIGITTE B. HOLTHAUSEN, LUCIANO HOLTHAUSEN AND HOLTHAUSEN, INC. A/K.IA "HEMLINE" VERSUS DMARTINO, L.L.C., MURIEL DECKER AND LYNELL DECKER NO. 11-CA-561 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ENTERGY GULF STATES LOUISIANA, LLC **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 15-1094 CHRISTOPHER MICHAEL BLANKS VERSUS ENTERGY GULF STATES LOUISIANA, LLC ********** APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU,
NOT DESIGNATED FOR PUBLICATION CITYWIDE TESTING AND INSPECTION INC. NO CA-0018 COURT OF APPEAL VERSUS SHAW ENVIRONMENTAL INC.
NOT DESIGNATED FOR PUBLICATION CITYWIDE TESTING AND INSPECTION INC. VERSUS SHAW ENVIRONMENTAL INC. * * * * NO. 2012-CA-0018 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * * APPEAL FROM CIVIL
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-1008 MELANCON EQUIPMENT, INC. VERSUS NATIONAL RENTAL CO., LTD. ********** APPEAL FROM THE LAFAYETTE CITY COURT PARISH OF LAFAYETTE, NO. 2005CV01946
KANDA CONSTRUCTION, LLC NO CA-1307 COURT OF APPEAL VERSUS AMARE GEBRE FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *
KANDA CONSTRUCTION, LLC VERSUS AMARE GEBRE * * * * * * * * * * * NO. 2015-CA-1307 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2014-05569, DIVISION
* * * * * * * * * * * * * APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO , DIVISION I Honorable Terri F. Love, Judge * * * * * *
GERALYN C. TRISS VERSUS MICHAEL E. CAREY, M.D. NO. 2000-CA-0608 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 98-2937, DIVISION I Honorable Terri
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA COWBOY'S WESTERN STORE AND TRAILER SALES, INC., ET AL.
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA 16-628 BRYAN REED VERSUS COWBOY'S WESTERN STORE AND TRAILER SALES, INC., ET AL. ********** APPEAL FROM THE FIFTEENTH
NO CA-0931 MARIAN CUNNINGHAM, LISA AMOSS, AND ROBERT AMOSS, ET AL. COURT OF APPEAL VERSUS FOURTH CIRCUIT
MARIAN CUNNINGHAM, LISA AMOSS, AND ROBERT AMOSS, ET AL. VERSUS FRANK MARULLO AND ARTHUR MORRELL, IN HIS OFFICIAL CAPACITY AS CLERK OF THE CRIMINAL COURT FOR THE CITY OF NEW ORLEANS * * * * * * * * * *
No. 45,305-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *
Judgment rendered May 19, 2010 Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. No. 45,305-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * ERIC VON
ROBERT A. CHAISSON JUDGE
MOREAU SERVICES, LLC; QUINCY MOREAU; AND DELAINA MOREAU VERSUS PILOT TRAVEL CENTERS, LLC; SCOTT MOORE; A. PHELPS PETROLEUM OF NORTHWEST FLORIDA, INC.; AND ALVIN PHELPS NO. 18-CA-174 C/W 18-CA-340 FIFTH
No. 47,886-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * Versus * * * * *
Judgment rendered February 27, 2013. Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P. No. 47,886-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA JESSICA ANN
* * * * * * * (Court composed of Judge Dennis R. Bagneris, Sr., Judge Terri F. Love, Judge Edwin A. Lombard)
DENNIS LOPEZ AND CAROLYN LOPEZ VERSUS US SPRINT COMMUNICATIONS COMPANY, ABC CONSTRUCTION COMPANY AND XYZ CORPORATION * * * * * * * * * * * NO. 2007-CA-0052 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA
MAY 6, 2015 BUDDY SCARBERRY NO CA-1256 VERSUS COURT OF APPEAL
BUDDY SCARBERRY VERSUS ENTERGY CORPORATION, ENTERGY SERVICES, INC., ENTERGY GULF STATES LOUISIANA, L.L.C., AND ENTERGY LOUISIANA, L.L.C. * * * * * * * * * * * NO. 2014-CA-1256 COURT OF APPEAL FOURTH CIRCUIT
CEDRIC L. RICHMOND NO CA-0957 VERSUS COURT OF APPEAL GARY C. LANDRIEU AND TOM SCHEDLER, IN HIS CAPACITY AS LOUISIANA SECRETARY OF STATE
CEDRIC L. RICHMOND VERSUS GARY C. LANDRIEU AND TOM SCHEDLER, IN HIS CAPACITY AS LOUISIANA SECRETARY OF STATE * * * * * * * * * * * NO. 2014-CA-0957 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL
JttJ 57AJJ I MCCI 7. Appealed. Joseph G Jevic III. Nykeba R Walker Shone T Pierre NOT DESIGNATED FOR PUBLICATION. Judgment Rendered MAR
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL JttJ FIRST CIRCUIT NUMBER 2008 CA 1403 MICHAEL X ST MARTIN LOUIS ROUSSEL III WILLIAM A NEILSON ET AL VERSUS STATE OF LOUISIANA AND CYNTHIA
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA **********
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA 17-824 LYNTON O. HESTER, IV VERSUS BURNS BUILDERS, ET AL. ********** APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH
LAMAR CONTRACTORS, INC. NO CA-1360 VERSUS COURT OF APPEAL KACCO, INC. FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *
LAMAR CONTRACTORS, INC. VERSUS KACCO, INC. * * * * * * * * * * * NO. 2014-CA-1360 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM ST. BERNARD 34TH JUDICIAL DISTRICT COURT NO. 118-073, DIVISION
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT combined with combined with **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 11-348 combined with 11-392 OPELOUSAS TRUST AUTHORITY D/B/A OPELOUSAS GENERAL HEALTH SYSTEM, ET AL. VERSUS CLECO CORPORATION AND CLECO POWER, LLC DEBORAH
~~J0c- CLERf< Cheryl Quirk La udrlcu STEPHEN J. WINDHORST JUDGE AFFIRMED. (J/ofJ//) FIFTH CIRCUIT SHINEDA TAYLOR NO. 14-CA-365 VERSUS FIFTH CIRCUIT
SHINEDA TAYLOR VERSUS ROBERT JEAN DOING BUSINESS AS/AND AIRLINE SKATE CENTER INCORPORATED NO. 14-CA-365 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT
KEARNEY LOUGHLIN, ET AL. NO CA-1285 COURT OF APPEAL VERSUS FOURTH CIRCUIT UNITED SERVICES AUTOMOBILE ASSOCIATION STATE OF LOUISIANA
KEARNEY LOUGHLIN, ET AL. VERSUS UNITED SERVICES AUTOMOBILE ASSOCIATION * * * * * * * * * * * NO. 2013-CA-1285 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT COURT, ORLEANS
ROBERT A. CHAISSON JUDGE
TERRY COLLINS AND LAINIE COLLINS VERSUS THE HOME DEPOT, U.S.A. INC. NO. 16-CA-516 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON,
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 03-1522 JULIAN C. LEBLANC, OVEY LEBLANC, ET AL. VERSUS STATE FARM INS. CO., ET AL. ********** APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH
NOT DESIGNATED for PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT VERSUS
NOT DESIGNATED for PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NO 2006 CA 2454 WALTER ANTIN JR TRUSTEE OF THE ANTIN FAMILY II TRUST VERSUS TAREH TEMPLE JAMES LEE AND SAFEWAY INSURANCE
MARC E. JOHNSON JUDGE
CLYDE PRICE AND HIS WIFE MARY PRICE VERSUS CHAIN ELECTRIC COMPANY AND ENTERGY CORPORATION AND/OR ITS AFFILIATE NO. 18-CA-162 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT OPELOUSAS GENERAL HOSPITAL AUTHORITY, ET AL. **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-17 OPELOUSAS GENERAL HOSPITAL AUTHORITY, ET AL. VERSUS FAIRPAY SOLUTIONS, INC. ********** APPEAL FROM THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT consolidated with CW DANNY CLARK AND GREAT LAKES REINSURANCE (UK), PLC **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 10-1281 consolidated with CW 10-918 ROGER CLARK VERSUS DANNY CLARK AND GREAT LAKES REINSURANCE (UK), PLC ********** APPEAL FROM THE TWELFTH JUDICIAL DISTRICT
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 18-321 MICHAEL D. VANEK AND VANEK REAL ESTATE, LLC VERSUS CHARLES ROBERTSON AND DIV-CONN OF LAKE CHARLES, LLC ********** APPEAL FROM THE FOURTEENTH JUDICIAL
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 5, 2010 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE January 5, 2010 Session EDUARDO SANTANDER, Plaintiff-Appellee, AMERICAN HOME ASSURANCE CO., Intervenor-Appellant, v. OSCAR R. LOPEZ, Defendant Appeal from
No. 47,525-CW COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * Versus * * * * * * * * * * McNEW, KING, MILLS, BURCH. Defendants-Respondents
Judgment rendered April 10, 2013. Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP. No. 47,525-CW COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * JAMES
JERYD ZITO NO CA-0218 VERSUS COURT OF APPEAL ADVANCED EMERGENCY MEDICAL SERVICES, INC. AND EMPIRE INDEMNITY INSURANCE COMPANY FOURTH CIRCUIT
JERYD ZITO VERSUS ADVANCED EMERGENCY MEDICAL SERVICES, INC. AND EMPIRE INDEMNITY INSURANCE COMPANY * * * * * * * * * * * NO. 2011-CA-0218 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM 25TH
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 11-256 CHRISTOPHER ATHERTON VERSUS ANTHONY J. PALERMO, SR., ET AL. ********** APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO.
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT MARVIN M. GLICK AND JAMES P. CONBOY AND/OR THE ESTATE OF JAMES P.
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 05-37 MADISONVILLE STATE BANK VERSUS MARVIN M. GLICK AND JAMES P. CONBOY AND/OR THE ESTATE OF JAMES P. CONBOY APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT
JUDE G. GRAVOIS JUDGE
CHARLES HENRY JACKSON VERSUS SIMONA D. MORTON NO. 18-CA-263 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA
APRIL 18, 2012 FRITZ SCHROTH AND NELLIE CLARK NO CA-1385 COURT OF APPEAL VERSUS
FRITZ SCHROTH AND NELLIE CLARK VERSUS ESTATE OF MARTHA ANN SAMUEL; CYNTHIA SAMUEL; STEPHANIE SAMUEL & LAFAYETTE INSURANCE CO. * * * * * * * * * * * NO. 2011-CA-1385 COURT OF APPEAL FOURTH CIRCUIT STATE
ROBERT A. CHAISSON JUDGE
MELANIE FOWLER VERSUS HARRIS BUILDERS, LLC AND THE SHAW GROUP "'. c:. I 0 NO. 11-CA-984 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT ************
STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 14-1302 RALPH W. BROCKMAN VERSUS MONET ACRES LIMITED PARTNERSHIP I, RENOIR ACRES LIMITED PARTNERSHIP I, REGIONS BANK, AAMAGIN PROPERTY GROUP, L.L.C., WJ
REVERSED AND REMANDED JUDE G. GRAVOIS JUDGE NO. 15-CA-284 PHILNOLA, LLC FIFTH CIRCUIT VERSUS COURT OF APPEAL MARK MANGANELLO STATE OF LOUISIANA
PHILNOLA, LLC VERSUS MARK MANGANELLO NO. 15-CA-284 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO.