Dean v. Delacroix Corp.

106 So. 3d 283, 2012 La.App. 4 Cir. 0917, 2012 WL 6725646, 2012 La. App. LEXIS 1729
CourtLouisiana Court of Appeal
DecidedDecember 26, 2012
DocketNo. 2012-CA-0917
StatusPublished
Cited by15 cases

This text of 106 So. 3d 283 (Dean v. Delacroix Corp.) 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
Dean v. Delacroix Corp., 106 So. 3d 283, 2012 La.App. 4 Cir. 0917, 2012 WL 6725646, 2012 La. App. LEXIS 1729 (La. Ct. App. 2012).

Opinion

DANIEL L. DYSART, Judge.

1 ¶Plaintiffs, Lynn B. Dean and Elevating Boats, Inc., appeal a judgment granting Exceptions of Res Judicata and No Right of Action and a Motion to Dismiss filed by defendant, Delacroix Corporation. The trial court dismissed plaintiffs’ claims as to the exceptions, with prejudice, and the claims as to the motion to dismiss, without prejudice. For the following reasons, we affirm in part, and reverse in part.

FACTUAL AND PROCEDURAL HISTORY:

This case involves ownership of immovable property, specifically water bottoms of a manmade navigable canal, which lies on the boundary between St. Bernard and Plaquemines parishes. The canal is commonly known as the Caenarvon Canal. The issue of ownership has been litigated in both parishes since the first suit was filed by Delacroix Corporation (hereinafter “Delacroix”), in the 34th Judicial District for the Parish of St. Bernard seeking to enjoin plaintiffs from trespassing on the subject property. Delacroix alleged that it owned the immovable property which was located in Plaquemines Parish, and that plaintiffs owned the land ^adjacent to and east of Delacroix’s property. Delacroix alleged that plaintiffs trespassed by mooring and maintaining elevating boats on one side of the canal and by filling in the head of the canal and constructing a boat launch. Delacroix later filed a motion for preliminary injunction. Plaintiffs reconvened alleging a possessory action, which demand was dismissed by the trial court on the ground of prescription. A writ to this Court was granted, but relief was denied, holding that plaintiffs had no right to assert a possessory action because neither a disturbance in fact nor a disturbance in law existed.1 Plaintiffs later reconvened to allege superior title to the property or, alternatively, that plaintiffs had gained ownership through either acquisitive prescription of ten years or thirty years.

In 2003, prior to the St. Bernard suit being tried, plaintiffs filed a concursus proceeding in the 25th Judicial District for the Parish of Plaquemines against Delacroix and the Parish of Plaquemines (hereinafter “PPG”). Plaintiffs also sought a preliminary injunction. Delacroix filed Exceptions of Lis Pendens, No Right of Action and No Cause of Action. The trial court denied all exceptions and Delacroix sought supervisory review in this Court, which reversed the trial court, finding that it had erred in not granting the Exception of Lis Pendens. Plaintiffs’ claims against Delacroix were dismissed without prejudice. The Court further vacated the denial of the Exceptions of No Right of Action and No Cause of Action, explaining that those exceptions must be brought in the 34th Judicial District suit. To the contrary, the concursus action between plaintiffs and PPG had |sto be litigated in Plaquemines Parish because that is the location of the disputed property.2

In early 2004, a trial was held in the 34th Judicial District case. In written reasons, the trial court stated that the ownership issue must be decided first, and based on the expert testimony of Delacroix’s expert, which it found to be the more reliable, adjudicated Delacroix to be the title owner of the canal.

As to plaintiffs’ reconventional demand, the trial court found that acquisitive prescription of ten years was defeated because plaintiffs did not possess a just title. Acquisitive prescription of thirty years was [286]*286defeated because possession must be continuous, uninterrupted, peaceable, public and unequivocal. The trial court found that plaintiffs failed to meet this burden because Delacroix did not become aware of the trespass until plaintiffs applied for a permit in 1998 to pave a driveway to a boat launch it had constructed in the canal.

Having found that Delacroix owned the property, the court addressed the trespass issue, finding that plaintiffs had indeed trespassed on the property on numerous occasions. Delacroix moved to have the preliminary injunction made permanent, and a final judgment was issued on March 1, 2004. This Court rendered an opinion affirming the judgment3, and no writs were taken to the Supreme Court.

Following the conclusion of the case in the 34th Judicial District, Delacroix filed a petition for intervention in the 25th Judicial District case, seeking a |4preliminary injunction to protect its ownership claim to the canal. The trial court denied leave to reconvene, and Delacroix again requested this Court’s supervision. This Court reversed the trial court, stating “Delacroix has a clear and vital interest in asserting its rights as definitively established in the Saint Bernard Court’s final judgment.”4

On May 8, 2008, Delacroix filed the subject exceptions in the instant case. On August 15, 2011, it filed the motion to dismiss on the grounds of abandonment. After a hearing, the trial court rendered judgment in February 29, 2012, granting the exceptions and the motion to dismiss. This appeal followed.

DISCUSSION:

Dean’s first assignment of error addresses the granting of Delacroix’s Exception of Res Judicata.

Louisiana Revised Statute 13:4231 covers both types of preclusion by judgment provided for in the Louisiana Code of Civil Procedure, that is, claim preclusion (res judicata) and issue preclusion (collateral estoppel).

Louisiana Revised Statute 13:4231 provides in part:

Except as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent:
* * ⅜
(3) A judgment in favor of either the plaintiff or the defendant is conclusive, in any subsequent action between them, with respect to any issue actually litigated and determined if its determination was essential to that judgment.

|sThe Louisiana Supreme Court has established five requirements that must be met for res judicata to apply. Burguieres v. Pollingue, 02-1385 (La.2/25/03), 843 So.2d 1049. The requirements are: 1) a valid judgment, 2) a final judgment, 3) identity of parties, 4) the same cause of action asserted in the second suit existed at the time of the final judgment in the first suit, and 5) the cause of action asserted in the second suit must arise out of the transaction or occurrence that was the subject matter of the first suit.

Also, as explained by J. Tobias in Dean v. Delacroix Corp., 03-1352 (La.App. 4 Cir. 8/27/03), 853 So.2d 769, “[a] resolution of the issue of ownership of the immovable in the St. Bernard litigation will have res judicata effect on the issue of ownership of the immovable,” citing La.Code Civ. Proc. art. 1061 B, La. R.S. 13:4231 and 4232, and Burguieres, supra.

[287]*287On March 1, 2004, the 34th Judicial District Court rendered a valid and final judgment following a four-day trial. That judgment was affirmed on appeal to this Court and no writ was taken to the Supreme Court. The issue of ownership of the canal as between Dean and Delacroix was necessarily decided by the trial court as the suit sought an injunction to prevent Dean from trespassing on property Delacroix alleged it owned. Lastly, the parties are identical. The fact that PPG was an additional defendant in the Plaquemines Parish case is of no moment. All of the requirements set forth in Burguieres

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jack Adams v. Rick M. Sutton
Louisiana Court of Appeal, 2022
Bailey v. Bailey
260 So. 3d 764 (Louisiana Court of Appeal, 2018)
Succession of Roberts
178 So. 3d 261 (Louisiana Court of Appeal, 2015)
Succession of Linda Aymond Roberts
Louisiana Court of Appeal, 2015
Delacruz v. Anadarko Petroleum Corp.
157 So. 3d 790 (Louisiana Court of Appeal, 2014)
Nationstar Mortgage LLC v. Harris
141 So. 3d 829 (Louisiana Court of Appeal, 2014)
Heirs of Bergeron v. B-P Amoco
131 So. 3d 1128 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
106 So. 3d 283, 2012 La.App. 4 Cir. 0917, 2012 WL 6725646, 2012 La. App. LEXIS 1729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-delacroix-corp-lactapp-2012.