Hartnett v. LGD Properties, Inc.

767 So. 2d 88, 2000 WL 721031
CourtLouisiana Court of Appeal
DecidedMay 3, 2000
Docket99-CA-2539, 99-CA-2540
StatusPublished
Cited by5 cases

This text of 767 So. 2d 88 (Hartnett v. LGD Properties, Inc.) 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
Hartnett v. LGD Properties, Inc., 767 So. 2d 88, 2000 WL 721031 (La. Ct. App. 2000).

Opinion

767 So.2d 88 (2000)

Steven A. HARTNETT and Pamela S. Hartnett
v.
LGD PROPERTIES, INC. Keith Casey and Pam Casey, et al.

Nos. 99-CA-2539, 99-CA-2540.

Court of Appeal of Louisiana, Fourth Circuit.

May 3, 2000.
Rehearing Denied August 15, 2000.
Writ Denied November 17, 2000.

*89 Richard A. Goins, Yvette LeBlanc Trahant, Goins Aaron, P.L.C., New Orleans, Louisiana, Counsel for Plaintiffs/Appellees.

John J. Messina, Kenner, Louisiana, and Edward J. McCloskey, Janice M. Kuo, McCloskey, Langenstein & Stoller, L.L.P., New Orleans, Louisiana, Counsel for Defendants/Appellants.

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge STEVEN R. PLOTKIN, Judge CHARLES R. JONES.

PLOTKIN, Judge.

The primary issue in this appeal is the true ownership of stock in corporations formed in 1992 by defendants, Keith and Pam Casey, for the sole purpose of purchasing property previously owned by plaintiffs, Steven and Pamela Hartnett. The Hartnetts claim that the Caseys are simply nominee owners of the stock in the corporations, LGD Properties, Inc. and West, Inc., and that they, the Hartnetts, are the true owners. The Caseys allege that the stock and the corporations belong to them in truth and in fact.[1] The legal issues presented by this appeal do not effect any third parties. The trial court found that the Hartnetts were the true owners of the corporations. We affirm.

FACTS

At the commencement of the trial in this matter, the parties stipulated to the following facts[2]:

Prior to 1990, the Hartnetts owned, among others, the following pieces of immovable property: 1360-62 Camp Street; 1364-66 Camp Street; 1534-36 Camp Street; 1558 Camp Street; 1521-23 St. Andrew Street; 1428-30 Melpomene Street; and 4509-11 Annunciation Street. However, the Hartnetts began to experience financial difficulties in 1990. As a result of these financial difficulties, they were no longer able to pay off their debts as they came due.

The Caseys, who were good friends of the Hartnetts, created LGD Properties on January 27, 1992, and West, Inc. on October 27, 1992. LGD Properties executed a resolution through its secretary, Mrs. Casey, which gave Mr. Casey, president of LGD Properties, and/or Mrs. Casey, secretary of LGD Properties, full authority to transact completely the business of LGD Properties.

Thereafter, three acts of sale purporting to transfer property from the Hartnetts to LGD Properties were executed between January and November 1992. Acts of sale involving the specified properties were executed on the dates indicated: (1) 1364-66 *90 Camp Street—January 16, 1992; (2) 1534-36 Camp Street; 1558 Camp Street, and 1519-23 St. Andrew Street—July 28, 1992; (3) and 1428-30 Melpomene Street—August 19, 1992.

Additionally, an act of sale purporting to transfer 4509-11 Annunciation Street to West was executed on November 12, 1992. After the sale of 4509-11 Annunciation Street to West, the property was supposed to be transferred to LGD Properties. However, said transfer was never accomplished.

Neither LGD Properties nor West had any assets at the time LGD Properties and/or West purchased any of the above-referenced properties. The Hartnetts paid any and all cash that was paid to the various banks at the time either LGD Properties or West purchased any of the above-referenced properties; such cash was part of a workout plan and was put toward the principal amount due on the mortgages.

By a sheriffs sale on May 19, 1994, LGD Properties purchased an empty lot located at 1360-63 Camp Street that the Hartnetts had previously owned. By an Act of Sale dated November 30, 1993, LGD Properties also purchased an empty lot located at 1124 Orange Street from a third party.

The Caseys are the listed shareholders of LGD Properties. The Caseys were also listed as the shareholders of West in the incorporation of West. However, on February 4, 1996, West was dissolved by Mrs. Casey as an incorporator of the company; no shares of stock were ever issued by West.

Mrs. Casey executed a letter dated August 20, 1995, addressed to the Caseys' son, Mike Casey. The stock certificates of LGD Properties issued to the Caseys have been signed in blank by Mr. Casey, acting as owner of his stock certificate and as president of LGD Properties on the certificate issued to Mrs. Casey.

The Hartnetts currently, and prior to April 1997, reside at 1558 Camp Street. On April 14, 1997, the Caseys took the following actions: (1) hand delivered an April 11, 1997, letter to all tenants residing at or utilizing the properties owned on paper by LGD Properties and West informing such tenants that all rental payments are to be sent to LGD Properties, as owner of said properties; (2) hand delivered a letter to the Hartnetts from their attorney, Ray W. Talley, demanding possession of 1558 Camp Street from the Hartnetts; and (3) closed out LGD Properties' Whitney National Bank checking account (Account No. XXX-XX-XXX-XXX), which had approximately $7,000 in it when such closure and withdrawal of funds occurred.

On April 16, 1997, the Caseys changed the lock on the entrance gate to 1558 Camp Street. On April 17, 1997, the Caseys took the following actions: (1) hand delivered a letter to all tenants residing at or utilizing the properties informing such tenants of the new alarm code which would be used in the future to gain access to the properties, and (2) had a Five-Day Notice to Vacate Premises located at 1558 Camp Street served on the Hartnetts. On April 18, 1997, the Caseys took the following actions: (1) hand delivered a letter to all tenants residing at or utilizing the properties informing such tenants that all locks on the premises would be changed by the Caseys, and (2) changed the alarm codes to all units located on the properties which had alarms installed in them.

On April 21, 1997, the Caseys changed all the locks located on the properties. On April 24, 1997, the Caseys ordered the water supplied to 1558 Camp Street to be turned off by the New Orleans Sewerage and Water Board. On April 25, 1997, the Caseys took the following actions: (1) locked the entrance gate to 1558 Camp Street open with a chain and lock; (2) disabled the automatic gate to the driveway at 1558 Camp Street in the open position; and (3) had the electricity to 1558 Camp Street turned off, leaving the Hartnetts without, not only electrical services, but also security system services. On *91 April 27, 1997, the Caseys took the following actions: (1) had the gas supplied to 1558 camp Street turned off, and (2) locked the second entrance gate to 1558 Camp Street shut via a new combination lock.

None of the parties incurred any personal liability concerning the debt of LGD Properties. After April 1997, LGD Properties paid approximately $1,997.40 in unpaid insurance premiums for some of the properties at issue in this case.

PROCEDURAL HISTORY

Following the events detailed above, the Caseys instituted eviction proceedings against the Hartnetts. On April 28, 1997, the Hartnetts responded by filing a possessory action seeking possession of the immovable property owned by LGD Property and West. Named as defendants were the Caseys, LGD Properties, and West. In their answer to the possessory action, the Caseys asserted a reconventional demand, seeking recovery of damages allegedly caused by the Hartnetts' mismanagement of the property.

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Bluebook (online)
767 So. 2d 88, 2000 WL 721031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartnett-v-lgd-properties-inc-lactapp-2000.