J. Michael Cop and Teresa Cop v. Department of Transportation and Development of the State of Louisiana

• Court: Louisiana Court of Appeal
• Decided: January 21, 2022
• Docket: 2021CW1283
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

J. MICHAEL COP AND TERESA NO. 2021 CW 1283 COP

VERSUS

DEPARTMENT OF TRANSPORTATION JANUARY 21, 2022 AND DEVELOPMENT OF THE STATE OF LOUISIANA

In Re: Department of Transportation and Development of the State of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton Rouge, No. 705697.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT GRANTED. On review, we find the words of the act of sale containing the compromise agreement are clear and explicit

and lead to no absurd consequences. Extrinsic evidence was thus inadmissible to explain or to contradict the terms of that instrument. See Ortega v. State, Department of Transportation and Development, 96- 1322, ( La. 2/ 25/ 97), 689 So. 2d 1358, 1363. Based on the language of the act of sale, we find plaintiffs

fully settled all claims against defendant including their loss of rental income claim. See Barker v. Dept. of Transp. And Dev., 2008- 1084 ( La. App. 1st Cir. 12/ 23/ 08), 4 So. 3d 869. Accordingly, the August 27, 2021 judgment of the district court

denying the peremptory exception of res judicata filed by defendant, Department of Transportation and Development of the State of Louisiana, is reversed. The is exception hereby granted, thereby dismissing all claims filed by plaintiffs, J. Michael Cop and Teresa Cop.

JMG GH WRC

DEPU Y C ERK OF COURT FOR THE COURT