Love v. EL Habetz Builders, Inc.

821 So. 2d 756, 2002 WL 1381284
CourtLouisiana Court of Appeal
DecidedJune 26, 2002
Docket2001-1625
StatusPublished
Cited by7 cases

This text of 821 So. 2d 756 (Love v. EL Habetz Builders, 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
Love v. EL Habetz Builders, Inc., 821 So. 2d 756, 2002 WL 1381284 (La. Ct. App. 2002).

Opinion

821 So.2d 756 (2002)

Manor A. LOVE, Sr., d/b/a TLC
v.
E.L. HABETZ BUILDERS, INC., et al.

No. 2001-1625.

Court of Appeal of Louisiana, Third Circuit.

June 26, 2002.

*759 Bruce Achille Gaudin, Attorney at Law, Opelousas, LA, for Plaintiff/Appellant, Manor A. Love, Sr., d/b/a TLC.

Thomas Keith Regan, Privat & Regan, Crowley, LA, for Defendant/Appellants, St. Paul Fire & Marine Ins. Co., E.L. Habetz Builders, Inc.

Court composed of HENRY L. YELVERTON, JOHN D. SAUNDERS, and JIMMIE C. PETERS, Judges.

SAUNDERS, Judge.

Manor Love, Sr., the Plaintiff, sued E.L. Habetz Builders, Inc. and St. Paul Marine Insurance Company, the Defendants, to recover money due under building contracts. After a trial on the merits, a judgment was rendered in favor of Love. As a result, the Defendants filed this appeal. For the following reasons, the judgment of the trial court is affirmed in part, amended in part, and reversed in part.

FACTS AND PROCEDURAL BACKGROUND

Love has operated a building construction company under the trade name of TLC (The Love Company) for more than twenty years. In the 1990's, he performed work for E.L Habetz Builders, Inc., a general contracting firm run by Ed Habetz of Crowley, for at least six different projects. One of those projects, the Eunice Nursing Home, led to this litigation.

Love was contracted by Habetz to furnish and install metal framing, sheetrock, and insulation for the Eunice Nursing Home. The original contract was for $451,750.00, and, over time, Love was paid $418,000.00 for materials and labor. During the course of the contract, Louisiana Drywall, a material supplier of the Eunice project, allegedly began raising the prices that it had originally quoted to Love and allegedly overbilled Love. Love disputed the balance with the company, and he refused to pay the bill. As a result, Louisiana Drywall filed a lien against Love, Habetz, and St. Paul in the amount of $85,157.83. Habetz posted a surety bond sufficient to satisfy the lien, and, although Love notified him of the ongoing dispute with Louisiana Drywall and reasons for the lien, he stopped paying Love for his work on the project. As a result, Love filed a lien against Eunice Nursing Home, Habetz, and St. Paul for $80,271.87 which was due on the Eunice project. At that point, Habetz terminated the contract with Love for the Eunice Nursing Home for *760 failure to pay the materialman and for the filing of the lien. Eventually, Louisiana Drywall reduced the price owed for the materials from $85,157.83 to $75,000.00, Love paid the $75,000.00, and the lien placed by Louisiana Drywall was released.

At the same time, Love was also working for Habetz at the Crowley High School. Habetz issued Love a separate subcontract for the installation of sheetrock at the high school. Love purchased materials from Norris Rader, Inc. and other suppliers for the project. At some point during the project, Rader and other suppliers sent unpaid bills to Habetz and Love. Fearing a lien would be filed, Habetz sent a letter to Love giving him three days to pay all suppliers on both the Crowley High job and the Eunice Nursing Home or he would terminate the Crowley High job.

Within three days, Love provided documentation to Habetz to show that all suppliers of the Crowley High job had been previously paid and that none of the suppliers were considering the filing of liens. In addition, he again provided documentation of the ongoing dispute with Louisiana Drywall regarding prices charged for the Eunice Nursing Home project and informed him that the lien on the Eunice Nursing Home project did not give him a legal right to terminate the Crowley High project.

Not long after, Habetz terminated the Crowley High project and refused to pay Love any more money for that project. Further, he refused to pay for four other completed projects which he had subcontracted to Love. As a result, Love filed a "Petition for Money Due" on April 25, 2000, for money due on the Eunice Nursing Home. In his petition, Love claimed that Habetz, Eunice Nursing Home, and St. Paul were indebted to him for $80,271.87. Subsequently, he filed a supplemental petition for money due on the other five projects. In his supplemental petition, he claimed that he was owed $24,286.30 for the Crowley High project along with $3,000.00 for tools located on the premises which Habetz converted to his own use. In addition, he claimed that he was owed $22,246.65 for four other projects which break down as follows:

Notre Dame School                      $18,319.32
Food Services Contract—Crowley          1,365.00
Alternative School—Crowley              1,893.25
Ville Platte Housing                       669.08
                                       __________
                                       $22,246.65

After a trial on the merits, the trial court rendered a judgment in favor of Love for the following amounts:

Eunice Nursing Home                    $49,208.47
Crowley High                            14,286.30
Tools                                    3,000.00
Notre Dame School                       18,319.32
Food Services Contract—Crowley          1,365.00
Alternative School—Crowley              1,839.25
Ville Platte Housing                       669.08
                                       __________
                                       $88,741.42

As a result of this judgment, the Defendants filed this appeal seeking a reversal of the judgment. In addition, the Plaintiff answered the appeal claiming he was entitled to additional money.

LAW AND ANALYSIS

STANDARD OF REVIEW

It is well settled in Louisiana that the findings of fact of the trial court will not be disturbed on appeal unless they are manifestly erroneous or clearly wrong. Stobart v. State, through D.O.T.D., 617 So.2d 880 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989); Lawson v. White, 01-1173 (La.App. 3 Cir. 2/6/02); 815 So.2d 958. As long as the findings of the trial court are reasonable in light of the record, the appellate court may not reverse even if it would have weighed the evidence differently as a trier of fact. Sistler v. Liberty Mut. Ins. Co., 558 So.2d 1106 (La. *761 1990); Lawson, 01-1173; 815 So.2d 960-61.

On the other hand, when reviewing a question of law, the appellate court must simply decide whether the trial court was legally correct or incorrect. Jim Walter Homes, Inc. v. Jessen, 98-1685 (La. App. 3 Cir. 3/31/99); 732 So.2d 699 (citing Ducote v. City of Alexandria, 95-1269 (La. App. 3 Cir. 7/17/96); 677 So.2d 1118.) "If the trial court's decision was based on its erroneous application of law, rather that on a valid exercise of discretion, the trial court's decision is not entitled to deference by the reviewing court." Kem Search, Inc. v. Sheffield, 434 So.2d 1067, 1071-72 (La.1983); Jim Walter Homes, Inc., 98-1685, p. 5; 732 So.2d at 702. In fact, the appellate court must conduct a de novo review of the entire record when it finds a reversible error of law or manifest error. Rosell v. ESCO, 549 So.2d 840 (La.1989); Lasha v. Olin Corp., 625 So.2d 1002 (La. 1993); Jim Walter Homes, Inc., 98-1685; 732 So.2d 699.

ASSIGNMENTS OF ERROR

On appeal, the Defendants assert the following assignments of error:

1. The trial court erred in awarding amounts allegedly due to Love after the Eunice Nursing Home contract had been justifiably terminated and erroneously awarded Love $33,738.60.
2.

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Cite This Page — Counsel Stack

Bluebook (online)
821 So. 2d 756, 2002 WL 1381284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/love-v-el-habetz-builders-inc-lactapp-2002.