Hayne v. Woodridge Condominiums, Inc.

957 So. 2d 804, 2007 WL 1079936
CourtLouisiana Court of Appeal
DecidedApril 11, 2007
Docket06-CA-923
StatusPublished
Cited by15 cases

This text of 957 So. 2d 804 (Hayne v. Woodridge Condominiums, 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
Hayne v. Woodridge Condominiums, Inc., 957 So. 2d 804, 2007 WL 1079936 (La. Ct. App. 2007).

Opinion

957 So.2d 804 (2007)

Susan HAYNE
v.
WOODRIDGE CONDOMINIUMS, INC., The Woodridge Condominium Association, Inc. and State Farm Fire and Casualty Company.

No. 06-CA-923.

Court of Appeal of Louisiana, Fifth Circuit.

April 11, 2007.

*805 Frank B. Hayne, III, New Orleans, Louisiana, for Plaintiff/Appellant.

Darren A. Patin, David K. Persons, Metairie, Louisiana, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., WALTER J. ROTHSCHILD, and FREDERICKA HOMBERG WICKER.

WALTER J. ROTHSCHILD, Judge.

Plaintiff, Susan Hayne, appeals the trial court's June 12, 2006 judgment granting the Motion for Summary Judgment filed by defendants, The Woodridge Condominium Association, Inc. ("the Association") and State Farm Fire and Casualty Company ("State Farm"), and dismissing plaintiff's claims against them. For the reasons which follow, we affirm.

FACTS

The Woodridge Condominiums located in Metairie, Louisiana, are comprised of twenty units. On July 30, 1982, plaintiff purchased unit 205 and she remained the owner of this unit until she sold it in November of 2000. Each unit owner is a member of the Woodridge Condominium Association, Inc., which is governed by written declarations and by-laws. In accordance *806 with the declaration, by-laws, and state law, the Association purchased a "Condominium/Association" insurance policy from State Farm. The policy relevant to this litigation was in effect from January 5, 1999 through January 5, 2000. On or about February 24, 1999, a fire occurred at the Woodridge Condominiums and completely destroyed each and every unit in the building containing plaintiff's unit. According to defendants, the condominiums were restored to tenantable condition on or about October 1, 2000.

On January 4, 2001, Ms. Hayne filed suit against defendants, asserting that: 1) she was improperly assessed condominium fees and assessments, because representatives of Woodridge had informed her that condominium fees and assessments would be suspended during the time that occupancy was not possible due to rebuilding and repair; 2) that, as an insured under the State Farm policy, she was entitled to reimbursement for her loss of rental income during the time that her unit was uninhabitable; 3) that defendants failed to complete restoration of the condominium building and units in a reasonably prompt manner; and 4) that she is entitled to penalties, attorney fees, and emotional distress damages caused by the defendants' conduct.[1] Defendants answered the suit and asserted several affirmative defenses, including that plaintiff was not individually insured under the State Farm policy.

On August 1, 2005, the Association and State Farm filed a Motion for Summary Judgment, seeking dismissal of plaintiff's claims against them. In their motion, defendants asserted that the "Condominium/Association" insurance policy in effect at the time of the fire only provided property and liability insurance coverage to the named insured, The Woodridge Condominium Association, Inc. They argued that the insurance policy did not provide personal coverage to the individual owners, such as Ms. Hayne, and that any personal property owned by the unit owners had to be insured separately. They further contended that plaintiff had no factual support for her claim that the condominium fees and assessments were to be suspended during the time the property was uninhabitable or that these fees were waived. Finally, they asserted that the condominiums were rebuilt and restored in a reasonably timely manner, and they provided an affidavit from James Salvant, a general contractor, in support of their position. Plaintiff filed an opposition to defendants' Motion for Summary Judgment on March 27, 2006.

The Motion for Summary Judgment came for hearing on May 23, 2006.[2] Counsel for defendants appeared at the hearing, but there was no appearance on behalf of plaintiff. At the hearing, the trial judge opined that he did not believe any argument was necessary and, based on the pleadings alone, he granted the Motion for Summary Judgment filed by defendants and dismissed plaintiff's claims against them. A judgment reflecting this ruling was signed by the trial judge on June 12, 2006. It is from this decision that plaintiff appeals.

*807 DISCUSSION

It is well settled that appellate courts review summary judgments de novo using the same criteria applied by the trial courts to determine whether summary judgment is appropriate. Smith v. Our Lady of the Lake Hosp., Inc., 93-2512 (La.7/5/94), 639 So.2d 730, 750; Nuccio v. Robert, 99-1327 (La.App. 5th Cir.04/25/00), 761 So.2d 84, 87, writ denied, 00-1453 (La.6/30/00), 766 So.2d 544. A motion for summary judgment is properly granted when the pleadings, depositions, answers to interrogatories, and admissions, together with affidavits, if any, show that there is no genuine issue of material fact such that the mover is entitled to judgment as a matter of law. LSA-C.C.P. art. 966(B). Summary judgment procedure is favored, and shall be construed, as it was intended, to secure the just, speedy, and inexpensive determination of every action. Magnon v. Collins, 98-2822 (La.7/7/99), 739 So.2d 191, 195; LSA-C.C.P. art. 966(A)(2).

The party bringing the summary judgment motion bears the burden of proof. LSA-C.C.P. art. 966(C)(2). However, if the mover will not bear the burden of proof at trial, the mover's burden on the motion for summary judgment does not require him to negate all essential elements of the adverse party's claim, but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party's claim. Id.; Cage v. Road Dist. No. One of Jefferson Parish, 04-1470 (La.App. 5 Cir. 5/31/05), 904 So.2d 863, 865. Then, the burden shifts to the adverse party to produce factual support sufficient to show that she will be able to meet her evidentiary burden of proof at trial. LSA-C.C.P. art. 966(C)(2). The failure of the non-moving party to produce evidence of a material factual dispute mandates the granting of the motion. Id.

On appeal, plaintiff asserts several arguments in support of her position that the trial court erred in granting defendants' Motion for Summary Judgment. In her first assignment of error, plaintiff asserts that the trial judge's decision was erroneous because it was "based on an unverified, uncertified and incomplete copy of the insurance policy at issue." She argues that the copy of the policy submitted in support of defendants' motion failed to include portions that might include coverage provisions applicable to plaintiff. In response, defendants state that the insurance policy attached to their Motion for Summary Judgment was accurate and was a genuine copy of the insurance policy issued to the Association by State Farm. They further assert that a certified copy of the policy was available at the hearing on the motion, and that there is nothing in the record to call the authenticity of the policy into question.

On a motion for summary judgment, a trial judge may consider uncertified insurance policies that are filed into the record as competent evidence, where nothing in the record calls the authenticity of the policy into question. Grelle v. Youngblood, 96-2210 (La.App. 4 Cir. 3/26/97), 691 So.2d 279, 282, writ denied, 97-1287 (La.9/5/97), 700 So.2d 510; Adams v. Arceneaux, 00-1440 (La.App. 1 Cir. 6/22/01), 809 So.2d 190, 195.

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Bluebook (online)
957 So. 2d 804, 2007 WL 1079936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayne-v-woodridge-condominiums-inc-lactapp-2007.