GR Rests., LLC v. Suzanne Savoy Santillo, LLC

275 So. 3d 50
CourtLouisiana Court of Appeal
DecidedJune 12, 2019
Docket18-637; 18-702
StatusPublished

This text of 275 So. 3d 50 (GR Rests., LLC v. Suzanne Savoy Santillo, LLC) 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
GR Rests., LLC v. Suzanne Savoy Santillo, LLC, 275 So. 3d 50 (La. Ct. App. 2019).

Opinion

COOKS, Judge.

FACTS AND PROCEDURAL HISTORY

On January 15, 2018, GR Restaurants, LLC (hereafter GRR) filed suit against Suzanne Savoy Santillo, LLC and Suzanne Savoy Santillo (hereafter collectively referred to as "Santillo") for detrimental reliance, alleging that Santillo promised to exchange her ownership in the Blue Dog *53Café in Lafayette for an interest in a new, re-formed entity that owned both Blue Dog Cafes in Lafayette and Lake Charles, but then refused to abide by this agreement. Prior to the above suit, Santillo had filed suit against Stephen Santillo, Jacques Rodrigue and Andre Rodrigue, the owners and members of Blue Collar Enterprises, which owns the Blue Dog Café in Lafayette, alleging breaches of fiduciary duties and misappropriation of intellectual property.

Santillo answered the suit filed by GRR and filed an exception of no cause of action, contending GRR could not have a viable detrimental reliance claim in the absence of a signed, written settlement agreement. Santillo also filed reconventional and third-party demands alleging the filing of the detrimental reliance lawsuit by GRR was an abuse of process and a violation of Louisiana's Unfair Trade Practices Act (LUPTA), La.R.S. 51:1401, et seq. GRR was made defendant in reconvention. Jacques Rodrigue, Scott L. Sternberg, and Sternberg, Nacarri & White, LLC (hereafter "Sternberg," which represented Rodrigue in the litigation) were made third-party defendants. After the third-party demand was filed, Sternberg withdrew from representing Rodrigue and another attorney was hired.

Sternberg filed an exception of no cause of action with regard to the third-party demand. GRR filed an exception of no cause of action with regard to the reconventional demand. Rodrigue did not file any exception.

Those exceptions, including Santillo's earlier filed exception of no cause of action, were heard on June 25, 2018. The trial court denied Santillo's exception of no cause of action as to GRR's detrimental reliance claim. The trial court granted both GRR's exception of no cause of action with regard to the reconventional demand and Sternberg's exception of no cause of action to the third-party demand.

A judgment was signed on July 3, 2018, granting the exceptions of no cause of action filed by GRR and Sternberg. Santillo filed a petition for appeal as to this judgment. The trial court, on its own motion, issued a rule to Santillo to show cause why the appeal should not be dismissed as having been taken from a partial judgment that had not been designated as immediately appealable, with respect to the dismissal of Santillo's reconventional demand, and from being taken from a judgment that lacked proper decretal language with respect to the dismissal of Santillo's third-party claims. On December 6, 2018, this court issued an opinion recalling the rule, in part, with respect to the dismissal of Santillo's reconventional demand against GRR, finding that portion of the judgment fell under La.Code Civ.P. art. 1915(A) and did not require a designation of finality. Thus, the appeal was suspended, and the matter remanded to the trial court with instructions to sign a judgment containing proper decretal language specifying that Santillo's third-party demands were dismissed only as to Sternberg, as the other third-party defendant did not file an exception. GR Rest., LLC v. Suzanne Savoy Santillo, LLC , 18-702 (La.App. 3 Cir. 12/6/18), 2018 WL 6432967 (unpublished opinion). The trial court complied with our order to sign a judgment with proper decretal language and the appeal is now before this court again for a ruling on the merits of Santillo's appeal.

A judgment was also signed on July 6, 2018, denying the exception of no cause of action filed by Santillo with respect to the petition for detrimental reliance filed by GRR. Santillo timely filed a writ application to this court, docket number 18-637, seeking a review of the denial of the no cause of action exception. GRR filed an *54opposition to the writ application. The disposition of the writ application was held in abeyance until the procedural issues in the appeal of the July 3, 2018 judgment was resolved.

After the issuance of the rule in docket number 18-702, Santillo filed an ex parte motion to enroll Stephen Carleton as co-counsel of record. That order was signed by this court on October 1, 2018. GRR and Sternberg filed separate motions to disqualify Carleton, contending he was a fact witness and could not act as counsel of record pursuant to La.Rules Prof.Conduct, Rule 3.7(a), which provides an attorney cannot be both an advocate and a necessary witness at trial unless the testimony is related to an uncontested issue, is related to the nature and value of legal services rendered in the case, or the disqualification would be a substantial hardship to the client.

Carleton represented Santillo in the lawsuit filed against Stephen Santillo, Jacques Rodrigue and Andre Rodrigue. Carleton attested he was counsel of record for Santillo in that action and stated the allegations contained in the answer. In the opposition to the motion to disqualify, Santillo asserted Carleton was enrolled as co-counsel solely for the purposes of the appeal, as her main counsel was on extended vacation at the time (October of 2018). Santillo maintained Carleton would not serve as counsel at trial should her appeal be successful. However, Santillo did not address the fact that only Santillo's reconventional demands and third-party demands had been dismissed. Santillo's exception of no cause of action was denied, and the main demand brought by GRR is to proceed to trial.

On December 28, 2018, this court granted the writ application filed by Santillo for the limited purpose of ordering the consolidation of the writ application, docket number 18-637, with the appeal, docket number 18-702. We held as follows:

WRIT GRANTED. In the above captioned writ application, Relators, Suzanne Savoy Santillo, LLC and Suzanne Savoy Santillo, seek review of the trial court's July 6, 2018 judgment, which denied Relators' exception of no cause of action. Relators have also filed an appeal from the trial court's July 3, 2018 judgment (which is identical to the July 6, 2018 judgment), granting the exception of no cause of action filed by GR Restaurants, LLC, with respect to Relators' reconventional demand and from the December 7, 2018 judgment granting the exceptions of no cause of action filed on behalf of Scott L. Sternberg and Sternberg, Naccari & White, LLC, with respect to Relators' third-party demand. This court has noted that "although an interlocutory judgment is generally not appealable, an interlocutory judgment is subject to review on appeal when an appealable judgment has been rendered." Moran v. Columb Foundation, Inc. , 17-915, pp. 4-5 (La.App. 3 Cir. 1/31/18), 2018 WL 632085 (unreported opinion). In the interests of judicial economy and justice, this court grants this writ application for the limited purpose of ordering the consolidation of the writ application with the appeal lodged in this court under docket number 18-702.

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

Related

Taylor v. State
617 So. 2d 1198 (Louisiana Court of Appeal, 1993)
Suire v. Lafayette City-Parish Government
907 So. 2d 37 (Supreme Court of Louisiana, 2005)
Stark v. Eunice Superette, Inc.
457 So. 2d 291 (Louisiana Court of Appeal, 1984)
Cheramie Services, Inc. v. Shell Deepwater Production, Inc.
35 So. 3d 1053 (Supreme Court of Louisiana, 2010)
Ramey v. DeCaire
869 So. 2d 114 (Supreme Court of Louisiana, 2004)
THIBAUT v. Smith and Loveless
576 So. 2d 532 (Louisiana Court of Appeal, 1990)
Wilkinson v. Wilkinson
323 So. 2d 120 (Supreme Court of Louisiana, 1975)
Washington Mut. Bank v. Monticello
976 So. 2d 251 (Louisiana Court of Appeal, 2008)
Rogers v. Ash Grove Cement Co.
799 So. 2d 841 (Louisiana Court of Appeal, 2001)
Peters v. Allen Parish School Bd.
996 So. 2d 1230 (Louisiana Court of Appeal, 2008)
Dugas v. Guillory
719 So. 2d 719 (Louisiana Court of Appeal, 1998)
Morris v. People's Bank & Trust Co.
580 So. 2d 1029 (Louisiana Court of Appeal, 1991)
Simon v. Perret
619 So. 2d 155 (Louisiana Court of Appeal, 1993)
Everything on Wheels Subaru, Inc. v. Subaru South, Inc.
616 So. 2d 1234 (Supreme Court of Louisiana, 1993)
SOUTHERN GEN. AGENCY v. Safeway Ins. Co.
769 So. 2d 606 (Louisiana Court of Appeal, 2000)
Vermilion Hosp., Inc. v. Patout
906 So. 2d 688 (Louisiana Court of Appeal, 2005)
Luther v. Iom Co.
130 So. 3d 817 (Supreme Court of Louisiana, 2013)
Quality Environmental Processes, Inc. v. I.P. Petroleum Co.
144 So. 3d 1011 (Louisiana Court of Appeal, 2014)
Newton v. Brenan
166 So. 3d 285 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
275 So. 3d 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gr-rests-llc-v-suzanne-savoy-santillo-llc-lactapp-2019.