Gootee Construction, Inc. v. Atkins

178 So. 3d 629, 2015 La.App. 4 Cir. 0376, 2015 La. App. LEXIS 2221, 2015 WL 6750372
CourtLouisiana Court of Appeal
DecidedNovember 4, 2015
DocketNo. 2015-CA-0376
StatusPublished
Cited by8 cases

This text of 178 So. 3d 629 (Gootee Construction, Inc. v. Atkins) 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
Gootee Construction, Inc. v. Atkins, 178 So. 3d 629, 2015 La.App. 4 Cir. 0376, 2015 La. App. LEXIS 2221, 2015 WL 6750372 (La. Ct. App. 2015).

Opinion

DANIEL L. DYSART, Judge.

| ¶This appeal arises out. of a mandamus proceeding through which the Clerk .of Court.for Orleans Parish was directed to cancel a statement of claim filed under La. [631]*631R.S. 38:2241 et seq. of the Public Works Act (the “Act”). For the reasons that follow, we affirm and remand.

FACTS AND PROCEDURAL BACKGROUND

Gootee Construction, Inc. (“Gootee") commenced this action by filing a Petition for Mandamus to Cancel Improperly Recorded Claim Under the Louisiana Public Works Acf (“Petition”) on November 21, 2014. The Petition alleges that, on September 29, 2011, Gootee contracted'with McDonnel — Archer Western Joint Venture (“McDonnel”) “to provide certain labor and material” for a public works project for which McDonnel served as the general contractor,1 Gootee thereafter subcontracted with Land Coast Insulation, Inc, (“Land Coast”) on October 18, 2012 for the latter to perform certain work on the Prime Contract,2 ,

I ¡According to the Petition, the subcontract with Land Coast required that Land Coast perform the work called for in the subcontract in a timely manner and in accordance with the schedule set forth in the Prime Contract. Gootee alleged that Land Coast did not comply with, nor timely execute, its obligations under the subcontract. Gootee further alleged that Land Coast improperly filed a “Statement of Amount Due” (“Statement") in the public records for Orleans Parish. Gootee maintains that, because Land Coast breached its duties under the subcontract, it had no right to recover the amounts claimed. Gootee further maintains that, because Gootee had not been paid by McDonnel for any of the amounts claimed in the Statement, no amounts were yet owed to Land Coast and, accordingly, the filing of the Statement was improper.

The Petition further indicates that Goo-tee sent a written demand to Land Coast for the cancellation, of the Statement on November 11, 2014; however, Land Coast refused. According to Gootee, because of the-filing of the Statement, McDonnel has refused to issue any further payments to it until the Statement is cancelled, “causting] significant damages to Gootee.” On this basis, the Petition sought, a mandamus, compelling the cancellation of the Statement. .-The Petition also sought damages, costs and attorney’s fees.

■The trial court issued an order compelling the Honorable Dale N. Atkins and Land Coast to cancel the Statement or to show cause as ■ to why the mandamus should not be made preemptive. A hearing was then held on December 8, 2014, at which time the trial court granted a writ of-mandamus, ordering that the Statement be cancelled.

IsOn December 16, 2014, Land Coast filed a motion to suspensively appeal the December 3, 2014 judgment. The trial court granted order .of the appeal on December 18, 2014, setting a suspensive bond at $5,000.

That same day, December 16,2014, Goo-tee moved to fix recoverable attorney’s fees, expenses and costs and a hearing on Gootee’s motion was set for January 9, 2015. Two days before the hearing, on January 7, 2015, Gootee moved to continue the hearing without date “pending the outcome of Land Coast’s appeal.”

On April 9,2015, Gootee moved to either dismiss Land Coast’s suspensive appeal or [632]*632to convert it to a devolutive appeal based on Land Coast’s failure to timely post the suspensive bond.3 ■ In the same motion, Gootee moved to reset its hearing on the motion to fix attorney’s fees, expenses and costs. Gootee then filed an answer to the appeal in this Court on- April 23, 2015, seeking a modification of the December 3, 2014 judgment to include an award for attorney’s fees, expenses and costs it incurred in connection with the Statement.4

A hearing was held on Gootee’s motions (to dismiss/convert the suspensive appeal and to fix attorney’s fees, expenses and costs) on May 8, 2015. By judgment dated June 2, 2015, 'the trial court granted the motion to dismiss the suspensive appeal, but denied the request for fees and costs.5 Gootee requested [¿written reasons for judgment, although the record before us does not contain a copy- of those reasons.6 DISCUSSION

Trial court’s grant of mandamus

A writ of mandamus may be issued “to a public officer to compel the performance of a ministerial duty required' by law....” La. C.C.P. art. 3863. Under La. C.C.P. art. 3862, a mandamus “may be issued in all cases where the law provides no relief by ordinary means or where the delay involved in' obtaining ordinary relief may cause injustice.” ■ As in the instant matter, the mandamus process is the appropriate means to compel the cancellation of a lien which was improperly filed under the Act. See, e.g., L & A Contracting Co. v. Mabry, 637 So.2d 1090, 1093-94 (La. App. 2 Cir.1994)(“[m]andamus has been held to be the proper remedy for compelling a recorder of mortgages to cancel or erase an illegal or unauthorized inscription”), citing Realsco, Inc. v. Green Acres Civic Association, 169 So.2d 570 (La.App. 4th Cir.1964); Gauguin, Inc. v. Addison, 288 So.2d 893 (La.App. 1 Cir.1973); Klein v. Recorder of Mortgages for Parish of Orleans, 430 So.2d 1047 (La.App. 4 Cir.1983).

The éssential facts of this case are not seriously contested. Rather, the issues in this matter are of a purely legal ñatee and, accordingly, we employ a de novo standard of review. 2400 Canal, LLC v. Bd. of Sup’rs of Louisiana State Univ. Agr. & Mech. Coll., 12-0220, p. 5 (La.App. 4 Cir. 11/7/12), 105 So.3d 819, 824, 5quoting Farmerette v. Ward, 10-1219, p. 4 (La.App. 4 Cir. 5/11/11), 66 So.3d 516, 520 (“Legal questions are reviewed utilizing the de novo standard of review.”). [633]*633“When considering legal issues, the appellate court assigns no special weight to the trial court and, instead, conducts a de novo review of questions of ■ law and renders judgment on the record.” Id., quoting Roger A. Stetter, La. Prac. Civ.App. § 10:53 (2011 ed.).

There is no dispute in this matter that work undertaken by the parties falls within and is subject to the provisions of the Act,7 which was enacted for the express purpose of protecting those who perform work on a. public works project. As the Louisiana Supreme Court explained:

Because of the need to protect those performing labor and furnishing materials for public works, the Legislature in 1918 passed Act 224, the precursor to current public works statutes, La. R.S. 38:2241 et seq., granting rights to laborers and materialmen involved in public works. Porter [v. Town of Ville Platte, [158 La. 342] 104 So. 67,] 70; York Corp. v. Louisiana Plumbing Co., 151 So.2d 520 (La.App. 2d Cir.), writ denied, 244 La. 400, 152 So.2d 213 (1963). The public contract law did not grant its beneficiaries a lien on the public work itself, but gave them, in effect, a “privilege against the unexpended fund in the possession of the authorities with whom the original contract ha[d] been entered into.” Pigeon-Thomas Iron Co. v. Drew Bros., 162 La. 836, 839, 111 So. 182, 183 (1926). Act 224 stated as its purpose the protéction of “persons doing work, performing labor or furnishing material for the construction ... of public buildings-” La. Legis. Acts, 1918, No. 224.

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Bluebook (online)
178 So. 3d 629, 2015 La.App. 4 Cir. 0376, 2015 La. App. LEXIS 2221, 2015 WL 6750372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gootee-construction-inc-v-atkins-lactapp-2015.