Bell v. Crump

651 So. 2d 975, 94 La.App. 3 Cir. 763, 1995 La. App. LEXIS 596, 1995 WL 92756
CourtLouisiana Court of Appeal
DecidedMarch 8, 1995
DocketNo. 94-763
StatusPublished
Cited by1 cases

This text of 651 So. 2d 975 (Bell v. Crump) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bell v. Crump, 651 So. 2d 975, 94 La.App. 3 Cir. 763, 1995 La. App. LEXIS 596, 1995 WL 92756 (La. Ct. App. 1995).

Opinions

hSAUNDERS, Judge.

Allen Bell and Inland Enterprises, Inc. filed suit against Charles Crump d/b/a Pine-ville Mini Storage Company for wrongful eviction. Crump, appellant herein, filed a third party demand against the City of Pine-ville and the Clerk of Court of Pineville City Court for contribution and costs.

The City of Pineville and its city court clerk filed an exception of no cause of action, arguing that the city court clerk was immune from damages for allegedly providing third party plaintiff, Crump, with incorrect forms, information, and instructions, which resulted in the plaintiffs’ wrongful eviction. The trial court granted the exception of no cause of action. Under the circumstances presented by this case, we affirm in part, reverse in part and remand.

\ ¡FACTS

This appeal arises from a third party demand.

Initially, Allen Bell and Inland Enterprises, Inc. filed suit against Charles G. Crump d/b/a Pineville Mini Storage Company, owner [977]*977of a self-service storage facility for wrongfully removing approximately $40,000.00 worth of its property and refusing to return the same.

Charles Crump answered, generally denying the specific charges raised in plaintiffs petition and, alternatively, sought indemnification or contribution from the City of Pine-ville and the City Clerk of Pineville City Court, appellees herein.

In his answer and third party demand, Crump indicated that he posted a termination of lease and notice to vacate on the door of Inland Enterprises, Inc.’s storage unit “in accordance with instructions received from the clerk of court of Pineville City Court.” Thereafter, on or about August 15, 1991, Crump, appearing pro se, filed suit to evict Inland Enterprises, Inc. and, in accordance with the clerk’s request, provided the clerk with the address of Mand Enterprises. However, instead of serving Inland Enterprises, Inc., the clerk issued the rule to Island Enterprises, but affixed the notice of eviction to Inland’s storage locker.

On August 21, judgment was signed in Pineville City Court condemning Island Enterprises to vacate the storage facility with an order issued to the Marshall of Pineville City Court directing him to place Crump in full and complete possession of the property.

The Marshall complied with this Order by cutting the lock on the storage facility belonging to Inland, removing the contents, and then delivering the storage facility to Crump. Suit and third party demand followed.

LAW

“The peremptory exception pleading the objection of no cause of action is a procedural device pleaded to raise the question of whether any |8remedy is afforded by law. Ward v. Tenneco Oil Company, 564 So.2d 814, 820 (La.App. 3rd Cir.1990); Robinson v. North American Royalties, Inc., 463 So.2d 1384, 1386 (La.App. 3rd Cir.), amended on other grounds, 470 So.2d 112 (La.1985). The purpose of this objection is to test the legal sufficiency of the pleadings. In other words, the exception pleading the objection of no cause of action tests whether, under the allegations of the petition, the law affords any remedy for the grievance asserted. Bellah v. State Farm Fire and Casualty Ins. Co., 546 So.2d 601, 603 (La.App. 3rd Cir.1989); Bordelon v. Cochrane, 533 So.2d 82, 84-85 (La.App. 3rd Cir.1988), writ denied, 536 So.2d 1255 (La.1989).
“For purposes of ruling on the exception pleading the objection of no cause of action, the court must accept all of the allegations of the petition as true and sustain the exception only if the law affords no remedy under any evidence that is admissible under the pleadings. Ward v. Tenneco Oil Company, 564 So.2d at 820; Bellah v. State Farm Fire and Casualty Ins. Co., 546 So.2d at 603. No evidence may be introduced to support or controvert the objection of no cause of action. LSA-C.C.P. art. 931; Ward v. Tenneco Oil Company, 564 So.2d at 820.
“The general rule is that where a petition states a cause of action as to any ground or portion of a demand, the exception of no cause of action should be overruled or denied. Ward v. Tenneco Oil Company, 564 So.2d at 820; Bellah v. State Farm Fire and Casualty Ins. Co., 546 So.2d at 603. The purpose of this rule is prevent piecemeal litigation and to avoid multiple appeals. Rodriguez v. American Bankers Insurance Company of Florida, 386 So.2d 652, 653 (La.1980); Ward v. Tenneco Oil Company, 564 So.2d at 820. However, an exception to this rule exists when separate and distinct causes of action are included in one petition. Ward v. Tenneco Oil Company, 564 So.2d at 820; Bordelon v. Cochrane, 533 So.2d at 89.”

Stafford Const. Co., Inc. v. Terrebonne Parish School Board, 612 So.2d 847, 850-51 (La. App. 1st Cir.1992), writ denied, 614 So.2d 82 (La.1993).

CRUMP’S PETITION

The sum and substance of third party plaintiff Crump’s ease is set forth in Paragraphs 12, 13, 20 and 21 of his Answer and Third Party demand:

[978]*978“12.
On or about August 15, 1991, defendant in proper person filed a suit to evict Inland Enterprises, Inc. from the aforesaid stall 34-B, and, in accordance with her request, provided the clerk with the address of Inland Enterprises, Inc.
J±13.
On or about August 15, 1991, in those proceedings styled ‘Pineville Mini Storage vs. Inland Enterprises’ bearing number 91-286E on the docket of Pineville City Court, Parish of Rapides, State of Louisiana, the clerk issued a rule to Island Enterprises, 315 Greer Road, #B-34, Pine-ville, Louisiana, to show cause on August 21, 1991, why judgment should not be rendered condemning it to vacate the premises known as 315 Greer Road, #B-34. The clerk erroneously cited Island Enterprises instead of Inland Enterprises, Inc.
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20.
The aforesaid eviction proceeding was instituted by defendant in proper person, and in all respects, defendant relied upon and utilized the forms and instruction provided by the clerk, including the termination of lease and notice to vacate form, the form letter to the clerk requesting that an eviction proceeding be filed, and the oral instructions of the clerk or her employees.
21.
In all respects, defendant complied with the instructions of the clerk or her employees.”

JUDGMENT BELOW

Citing LSA-R.S. 13:760, the trial court concluded that the city court clerk was immune from liability. LSA-R.S. 13:760 provides:

No clerk of court and no deputy of such officer who performs any act or issues any order in conformity with the written order or judgment of any judge of the district courts of this state shall be liable in either his individual or official capacity to any person, firm, or corporation for any damage as the result of such action. This exemption from liability shall extend to any surety or liability insurance carrier of such officer. (Emphasis added).

OPINION

Insofar as LSA-R.S.

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Bluebook (online)
651 So. 2d 975, 94 La.App. 3 Cir. 763, 1995 La. App. LEXIS 596, 1995 WL 92756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-crump-lactapp-1995.