Brandon M. Rowe v. 4-Aces Property Management LLC

Louisiana Court of Appeal·Decided November 19, 2025·No. 56,520-CA·Published

Opinion

Judgment rendered November 19, 2025. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.

No. 56,520-CA

COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

*****

BRANDON M. ROWE Plaintiff-Appellee

versus

4-ACES PROPERTY Defendant-Appellant MANAGEMENT LLC

*****

Appealed from the Twenty-Sixth Judicial District Court for the Parish of Bossier, Louisiana Trial Court No. 164,781

Honorable Allen Parker Self, Jr., Judge

*****

KENNETH J. BECK Counsel for Defendant- Appellant, 4-Aces Property Management, LLC

DAVID L. WHITE Counsel for Plaintiff- Appellee, Brandon M. Rowe

CHARLES ROWE Counsel for Plaintiff- Appellee, Brandon M. Rowe and In Proper Person, Intervenor-Appellee

SHIRLEY ROWE In Proper Person, Intervenor-Appellee

DOROTHY WATSON-COLLINS In Proper Person, Third Party-Appellee

*****

Before STONE, STEPHENS, and HUNTER, JJ. STEPHENS, J.,

This civil matter arises from the 26th Judicial District, Parish of

Bossier, the Honorable Parker Self, Judge, presiding. The plaintiff, Brandon

M. Rowe (“Brandon”), filed a petition against the defendant, 4-Aces

Property Management, LLC (“4-Aces PM”), seeking rescission of the sale of

immovable property located in Jones Cypress Subdivision in Bossier Parish

for lesion beyond moiety, lack of authentic form, and fraud. The trial court

found in favor of Brandon, rescinded the purported sale as a relative nullity,

and awarded damages and attorney fees. For the following reasons, we

affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

On May 6, 2021, Brandon filed a petition to rescind the sale of

immovable property for lesion beyond moiety, lack of authentic form, fraud,

and for injunctive relief. In the petition, Brandon alleged that in February

2021, he was arrested by Bossier City Police. Brandon then contacted

Anthony Bowers, who he knew was a bondsman, to assist in his release. In

order to secure money for the bond, Brandon decided to use Lots 41 and 42

of Jones Cypress Subdivision (“the lakefront property”) as collateral, and he

asked if he could pay Bowers back over a 60- to 90-day period after

Brandon secured a loan from the bank. Brandon further alleged that Bowers

agreed to this arrangement but that there was no agreement between the

parties relating to a transfer of ownership of the lakefront property.

Brandon further alleged that on March 15, 2021, Bowers presented

him with documents in printed form reflecting their agreement that the

lakefront property would serve as collateral to secure Brandon’s repayment

of the bond. The petition further averred that the documents contained no language that payment of the bond would begin over the next 60 to 90 days.

Instead, this information was handwritten on the document. Finding the

handwritten portion to be satisfactory, Brandon signed the documents.

Bowers, an agent of 4-Aces, bonded Brandon out of jail later that evening.

The petition alleged that the bond paper showed 4-Aces Bail Bonds, LLC

(“4-Aces Bail Bonds”) as the bonding company and Financial Casualty and

Surety as the insurance company standing behind the bond.1 The petition

also asserted that Brandon never received a copy of the documents he

signed.

According to the petition, several days after Brandon’s release, he

went to the courthouse and discovered that a cash sale deed had been filed,

showing that Brandon had sold the lakefront property to 4-Aces PM for

$36,000. Brandon alleged in his petition that it was neither his intention to

sell anything nor did he receive money from 4-Aces PM. The petition also

stated that the signature on page two of the purported cash sale deed was not

where had Brandon signed the document and was not the same document he

had signed. Brandon further alleged that there were no witnesses present at

1 The following exchange occurred during the testimony related to the $36,000 bond:

Q: Now the $36,000 that Brandon has acknowledged is-is owed, is owed to who? Bowers: To me. To 4 Aces Prop—I mean, yeah, 4 Aces Property Management, I used funds from there to pay 4 Aces Bail Bonds to post the bond. Q: So that’— A: And all of – both of them are mines. Q: So, the money is actually owed to 4 Aces Property Management Company, your company; is that correct? A: Yes. Q: And – and that’s because you, uh, pay the, the uh, the fidelity company and is a portion of your fees; is that correct? A: That is correct.

2 the signing of the document on March 15. The only people present at the

signing, according to the petition, were Brandon, Bowers, and the notary

public, Dorothy Watson-Collins. Similarly, no handwritten statement was

part of the cash sale deed document.

On November 24, 2021, 4-Aces PM filed a third-party demand,

alleging that Dorothy Watson-Collins, the notary public, be made a third-

party defendant in the matter. On that same date, 4-Aces PM filed a motion

to recuse counsel of record and alleged that Charles R. Rowe was a witness

in the matter and was prohibited from representing Brandon under the

Louisiana Rules of Professional Conduct. On June 13, 2022, Charles R.

Rowe and Shirely C. Rowe filed a petition for intervention. In it, the pair

alleged: they purchased the lakefront property on June 25, 1998, and donated

one-half interest in the property to Brandon on June 20, 2000; Charles and

Shirely then donated the remaining one-half interest in the lakefront property

to Brandon on August 11, 2006; however, the donation did not contain any

language of acceptance by Brandon, resulting in Charles and Shirely being

the owners of the lakefront property. On December 9, 2022, 4-Aces PM

filed an exception of no right of action or no cause of action in response to

the petition to intervene. The trial court ultimately granted 4-Aces PM’s

exception, finding that the donation was accepted by Brandon through

possession, and the trial court dismissed the Rowes’ petition of intervention.

On December 22, 2022, Brandon filed a motion for summary

judgment, alleging that no genuine issues of material fact existed as to lesion

beyond moiety, lack of authentic form, fraud, and failure of acceptance.

Following the summary judgment hearing held on February 28, 2023, the

trial court initially granted Brandon’s summary judgment motion on the 3 issue of lesion beyond moiety. However, the trial court filed an amended

ruling and reasons for judgment on May 8, 2023, wherein it instructed that

4-Aces PM supplement the original amount paid with the price established

by the court with legal interest from the time the demand for rescission was

made if 4-Aces PM wished to retain ownership of the lakefront property.

Alternatively, it ordered that 4-Aces PM could return the lakefront property

to Brandon, and Brandon tender the original price paid for the lakefront

property with legal interest from the date of notification of the intent to

return the lakefront property.

Following a rehearing on the motion for summary judgment held on

August 23, 2023, the trial court opined that it had made an error relating to

its determination to a reasonable legal certainty of the value of the lakefront

property. Consequently, the trial court on its own motion set aside its

previous May 8, 2023, judgment and determined that there were genuine

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