Dalcourt v. Moyer

260 So. 3d 694
CourtLouisiana Court of Appeal
DecidedDecember 6, 2018
Docket18-412
StatusPublished

This text of 260 So. 3d 694 (Dalcourt v. Moyer) 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
Dalcourt v. Moyer, 260 So. 3d 694 (La. Ct. App. 2018).

Opinion

AMY, Judge.

This matter involves a failed purchase agreement for the sale of a residence. The seller and the buyers each sought relief under the terms of the agreement, alleging that the opposing party was responsible for the failure of the transaction. The trial court found numerous deficiencies in the seller's performance, awarding the return of the deposit as well as attorney fees and costs to the buyers. By the resulting judgment, the trial court ordered the buyers to submit an itemization of their attorney fees and costs for review. The trial court further ordered that, in the event the parties cannot agree to the quantum of such an award, the buyers are to file a rule to show cause for such a determination. The seller appeals. Finding that this appeal was not taken from a final appealable judgment, however, we dismiss the appeal and remand for further proceedings.

Factual and Procedural Background

By a June 1, 2015 Louisiana Residential Agreement to Buy or Sell, the plaintiff, Nolton Dalcourt, agreed to sell his St. Martin Parish home to the defendants, Thomas Moyer and Sherry Craig.1 The agreement set forth a $455,000.00 purchase price2 and required the buyers to provide a $4,000.00 deposit. The parties further agreed to a fourteen-day inspection *696and due diligence period. They designated a June 30, 2015 closing date.

According to Mr. Moyer's testimony at trial, following the close of the inspection and due diligence period, he began to have concerns regarding the boundary lines of the property. He further became aware of a utility servitude burdening the property which, he contended, was not previously disclosed. The Moyers thereafter forwarded a June 27, 2015 addendum to Mr. Dalcourt, apprising him that: "Buyer elects to make contract void with return of four thousand ($4,000.00) deposit." The record indicates that Mr. Dalcourt did not sign that addendum and, as evidenced by the present proceeding, the sale was not completed. Upon the parties' competing claims for the deposit, the broker jointly representing the parties in the subject transaction disbursed the deposit to Mr. Dalcourt.

Mr. Dalcourt instituted this matter in January 2016, naming the Moyers as defendants and alleging that they were in default by refusing to purchase the residence. Referencing the purchase agreement's provision for stipulated damages, Mr. Dalcourt asserted that he elected to "terminate the agreement and recover an amount equal to ten (10%) of the Sale Price." He further sought attorney fees and penalties under the terms of the agreement as well as lease payments that he asserted were incurred as a result of the failed agreement.

By their answer, the Moyers denied their liability for the failed transaction. They further alleged that Mr. Dalcourt was in breach of the purchase agreement due to alleged misrepresentations as to the size of the property and purported encroachments. The Moyers further cited difficulties allegedly encountered in the inspection process and in an attempt to have the property surveyed. The Moyers sought judgment in their favor.

Following a trial, the trial court ruled in favor of the Moyers upon a finding of various deficiencies in Mr. Dalcourt's performance. The trial court ordered the return of the deposit to the Moyers and awarded them attorney fees and costs. By the resulting judgment, the trial court ordered the buyers to submit an itemization of their attorney fees and costs for review. The trial court further ordered that, in the event the parties cannot agree as to the quantum of such an award, the buyers are to file a rule to show cause for such a determination.

Mr. Dalcourt appeals. However, we do not reach the merits of the appeal.3 We instead find that there is no jurisdictional basis on which to do so.

Discussion

Subject Matter Jurisdiction

Notably, an appellate court's jurisdiction is not properly invoked absent a valid final judgment. See La.Code Civ.P. art. 2083.4 See also *697Brown v. Breaux Bridge Ventures, LLC , 16-662 (La.App. 3 Cir. 12/7/16), 207 So.3d 1083 (quoting Input/Output Marine Sys., Inc. v. Wilson Greatbatch Tech., Inc. , 10-477 (La.App. 5 Cir. 10/29/10), 52 So.3d 909 ). While the parties have not addressed whether the underlying judgment is final in nature, "it is the duty of a court to examine subject matter jurisdiction sua sponte , even when the issue is not raised by the litigants." Boudreaux v. State, Dep't of Transp. & Dev. , 01-1329, p. 8 (La. 2/26/02), 815 So.2d 7, 13.

Louisiana Code of Civil Procedure Article 1841 provides that "[a] judgment that determines the merits in whole or in part is a final judgment."5 And, La.Code Civ.P. art. 1918 provides that: "A final judgment shall be identified as such by appropriate language." Also, a valid judgment must be precise, definite, and certain. Input/Output Marine Sys. , 52 So.3d 909. In the event that a purported final judgment is rendered upon a money demand, as here, the judgment must indicate the amount of recovery with certainty and precision. Kimsey v. Nat'l Auto. Ins. Co. , 13-856 (La.App. 3 Cir. 2/12/14), 153 So.3d 1035 (citing Elston v. Montgomery , 46,262 (La.App. 2 Cir. 5/18/11), 70 So.3d 824, writ denied , 11-1292 (La. 9/23/11), 69 So.3d 1165 ). "Importantly, if the amount must be determined by a future contingency or ascertained by extrinsic reference (or is otherwise indefinite and uncertain), it is not a proper judgment." Id. at 1038.

Reference to the judgment under review indicates that it is lacking the hallmarks of a final judgment. In particular, the final paragraph reflects the indefinite nature of judgment as it provides:

IT IS ORDERED, ADJUDGED AND DECREED that NOLTON DALCOURT was in default of the Louisiana Real Estate Buy and Sell Agreement signed by Nolton Dalcourt, as Seller, and Thomas Moyer and Sherry Craig, as Buyer, on June 1, 2015.

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Related

Nolton Dalcourt v. Thomas Moyer
Louisiana Court of Appeal, 2019

Cite This Page — Counsel Stack

Bluebook (online)
260 So. 3d 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dalcourt-v-moyer-lactapp-2018.