Heritage Worldwide, Inc. v. Jimmy Swaggart Ministries

665 So. 2d 523, 95 La.App. 1 Cir. 0484, 1995 La. App. LEXIS 3875, 1995 WL 684728
CourtLouisiana Court of Appeal
DecidedNovember 16, 1995
Docket95 CA 0484
StatusPublished
Cited by20 cases

This text of 665 So. 2d 523 (Heritage Worldwide, Inc. v. Jimmy Swaggart Ministries) 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
Heritage Worldwide, Inc. v. Jimmy Swaggart Ministries, 665 So. 2d 523, 95 La.App. 1 Cir. 0484, 1995 La. App. LEXIS 3875, 1995 WL 684728 (La. Ct. App. 1995).

Opinion

665 So.2d 523 (1995)

HERITAGE WORLDWIDE, INC.
v.
JIMMY SWAGGART MINISTRIES.

No. 95 CA 0484.

Court of Appeal of Louisiana, First Circuit.

November 16, 1995.
Rehearing Denied January 23, 1996.
Writ Denied March 29, 1996.

*525 Mr. G. Patrick Hand, Jr., Gretna, for Plaintiff-Appellant 2, Heritage Worldwide, Inc.

Mr. Barry W. Miller, Baton Rouge, for Defendant-Appellant 1, Jimmy Swaggart.

Before CARTER and PITCHER, JJ., and CRAIN[1], J. Pro Tem.

HILLARY J. CRAIN, Judge, Pro Tem.

This appeal involves a suit on an open account. Heritage Worldwide, Inc. ("Heritage") filed suit to collect the amount allegedly owed by Jimmy Swaggart Ministries ("JSM") for the costs of printing certain publications.

Both parties appeal from a judgment that allows Heritage to collect interest at varying rates according to the dates on which invoiced amounts were due, awarding Heritage $1,787,615.68 plus judicial interest on the principal amount of $1,260,847.20 from October 31, 1994 until paid, and denying Heritage's prayer for attorney fees.

JSM assigns as error:
1. The trial court erred in finding that Heritage had sustained its burden of proof to present a prima facie case sufficient to shift the burden of proof to defendant to disprove the amounts sued upon;
*526 2. The trial court erred in not crediting Jimmy Swaggart Ministries $190,000.00 "double charge" for the ladies' bibles paper stock;
3. The trial court erred in basing its quantum award, in part, on unauthorized price increases, without any competent evidence of compliance with the bidding or purchasing order requirements;
4. The trial court erred in failing to allow JSM to amend its answer to plead a credit or offset for the sums owed by Heritage to Starcom and/or failing to allow JSM a credit or offset for all sums due to Starcom from Heritage; and
5. The trial court erred in awarding presuit conventional interest to the plaintiff and in awarding post-suit conventional interest and/or legal interest from date of judicial demand.
Heritage assigns as error:
1. The trial court incorrectly amended its original judgment without granting JSM's motion for a new trial, therefore, the original judgment was not vacated and JSM did not appeal a valid final judgment;
2. The trial court was manifestly erroneous in not awarding Heritage $261,815.83 for paper stock purchased for production of the Center Reference Bible; and
3. The trial court was manifestly erroneous in awarding legal interest, rather than conventional interest, on the principal amount claimed in the suit on open account.

MOTION FOR A NEW TRIAL

JSM filed a motion for a new trial, for reargument only, which was set for hearing. At the hearing, attorneys for both parties were present and presented argument. Both parties submitted briefs which went to the merits of the case and were not limited to the merits of granting a new trial. The trial court took the matter under advisement and subsequently rendered judgment on the motion for a new trial.

The judgment on the motion for new trial did not specifically state that JSM's motion was granted. Instead, the trial court "amended" the original judgment to exclude attorney's fees, "modified" the original judgment with regard to the interest rates and dates from which they were due, and changed its order concerning the amount JSM was to pay Heritage.

In written reasons for judgment on the motion for a new trial, the trial court stated that the original judgment would be modified as to the award of attorney fees and conventional interest and that it found no error in its decision denying credit for bible paper stock and price increases.

A new trial may be granted on all or part of the issues and for reargument only. La.C.C.P. art. 1971. A trial court has virtually unlimited discretion to grant a new trial when it is convinced that a miscarriage of justice has resulted, and, unless an abuse of discretion can be demonstrated, a trial court's action in granting or denying a new trial on discretionary grounds will not be reversed. La.C.C.P. art. 1973; Deliberto v. Deliberto, 400 So.2d 1096, 1098 (La.App. 1st Cir.1981).

Heritage argues that the trial court did not grant JSM's motion for a new trial; therefore, the original judgment was not vacated, and JSM did not appeal a valid final judgment.

Inherent in the issuance of the judgment on the motion for new trial which changed aspects of the original judgment is the fact that the court did in fact grant the motion. No party is alleging that they were prejudiced by the lack of a specific statement in the judgment granting or denying the motion, nor is there a claim that an additional hearing should be held.

Furthermore, a separate hearing or "new trial" is not necessary where the motion for new trial is for reargument only, and reargument of the case by counsel for all parties is heard at the hearing on the motion for a new trial. Russell v. McDonald's Corporation, 576 So.2d 1213, 1217 (La.App. 5th Cir.1991). In that instance, the trial court is only required to reconsider its previous judgment.

JSM's motion for new trial was for reargument only. Heritage requested that the motion *527 be denied and alternatively, if the motion was granted, the new trial be limited to reargument only. Both parties were represented at the hearing on the motion, presented argument at the hearing, and submitted briefs on the merits of the case and of the original judgment.

The trial court did not commit reversible error in failing to specify that the motion was granted in its judgment on the motion. We find that the trial court did in fact grant the motion for new trial for reargument only; that reargument was heard at the hearing on the motion for a new trial, and that the judgment on the motion for new trial included judgment on the new trial.

JSM'S AMENDED ANSWER

JSM assigns as error the trial court's failure to allow it to amend its answer to plead a credit or offset for the sums allegedly owed to it by Heritage, and failure to allow the credit or offset.

Trial was set for March 24, 1994. On March 16, 1994, JSM sought leave of court to amend its answer to claim offset by Heritage's indebtedness to JSM. Statements of Heritage's account were incorporated into the petition, and the invoices were attached. All invoices are from a business named Starcom Industries. The trial court refused to allow the amendment.

As a general rule, the trial judge has much discretion regarding amendments after an answer is filed. In such matters, the trial judge's ruling will not be disturbed unless a manifest abuse of discretion has occurred which indicates a possibility of resulting injustice. Jeffries v. Estate of Pruitt, 598 So.2d 379, 386 (La.App. 1st Cir.), writs denied, 599 So.2d 306, 605 So.2d 1124 (La. 1992); First Guaranty Bank v. Pineywood Partnership, 569 So.2d 209, 213 (La.App. 1st Cir.1990).

The plaintiff was only made aware of defendant's intention to assert this affirmative defense eight days before trial. The defense alleges that Heritage was indebted to Starcom Industries. No showing was made of the relationship of Starcom to JSM.

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Bluebook (online)
665 So. 2d 523, 95 La.App. 1 Cir. 0484, 1995 La. App. LEXIS 3875, 1995 WL 684728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heritage-worldwide-inc-v-jimmy-swaggart-ministries-lactapp-1995.