Mayfield v. Reed

981 So. 2d 235, 2008 WL 1886387
CourtLouisiana Court of Appeal
DecidedApril 30, 2008
Docket43,226-CA
StatusPublished
Cited by7 cases

This text of 981 So. 2d 235 (Mayfield v. Reed) 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
Mayfield v. Reed, 981 So. 2d 235, 2008 WL 1886387 (La. Ct. App. 2008).

Opinion

981 So.2d 235 (2008)

Laureen MAYFIELD, Plaintiff-Appellee
v.
Joseph N. REED, Glenda O. Reed, Defendants-Appellants
Anita Gray and Michael Cripps, d/b/a Cripps Foundation Service, Defendants-Appellees.

No. 43,226-CA.

Court of Appeal of Louisiana, Second Circuit.

April 30, 2008.
Rehearing Denied May 29, 2008.

*236 Robert E. Shadoin, Ruston, for Defendants/Appellants, Joseph and Glenda Reed.

Abrams & Lafargue, LLC, by Reginald Wayne Abrams, Shreveport, for Defendant/Appellee, Anita Gray.

*237 Belton, Houck & Associates, by John F.K. Belton, Ruston, for Defendant/Appellee, Michael Cripps d/b/a Cripps Foundation.

Onebane Law Firm by Frank H. Spruiell, Jr., Shreveport, for Plaintiff/Appellee, Laureen Mayfield.

Before GASKINS, MOORE and LOLLEY, JJ.

LOLLEY, J.

In this redhibition case, defendants, Joseph and Glenda Reed, appeal a judgment by the Third Judicial District Court, Parish of Lincoln, State of Louisiana, which found in favor of plaintiff, Laureen Mayfield and awarded damages. Mayfield also appeals the judgment seeking rescission of the sale and an increase in attorney's fees. For the following reasons we affirm in part and amend in part.

FACTS

On June 30, 2004, plaintiff, Laureen Mayfield, purchased from Joseph and Glenda Reed a home in Simsboro, Louisiana for the price of $166,000.00. The residence, built in 1997, is a split-level home built into a sloping hillside with a pond close by. The home was constructed by the Reeds without the use of a general contractor. The lower level of the house, as originally constructed, was left open. The Reeds later paved the area under the house to create a patio and parking area. Soon after the area was paved, the Reeds partially enclosed it to create a laundry room, utility room, and a guest bedroom. According to the Reeds, the first and only time flooding became an issue was after nine inches of rain had fallen. The Reeds installed two sump pumps at both ends of the downstairs area. According to the Reeds, this solved the problem.

In the days leading up to Mayfield's purchase of the house, Sue Franklin, a remodeling contractor, came and looked at the house for potential work Mayfield wanted to do on the home. While there, Franklin noticed fresh water in the enclosed area and called Mayfield immediately. Michael Cripps who had been retained earlier to evaluate the foundation was asked to come back and evaluate the problem. Cripps suggested that putting in French drains would take care of the water seepage and would cost around $3,000.00. The Reeds agreed to lower their asking price to accommodate this repair.

After the sale, Joe Reed came up to the house and openly discussed the issue of water seepage. Joe Reed opined that the French drains were not going to help because there was a defect in the way the slab was poured which caused windblown rainwater to flow toward the house and not away. Mayfield continued to have issues of water intrusion in the enclosed lower level area even after the French drains were placed. Mayfield brought suit against the Reeds, Anita Gray, the dual agent, and Michael Cripps d/b/a Cripps Foundation Service. Mayfield claims that she was not made aware of the existence of this redhibitory defect prior to the sale and had she known about this issue she would not have purchased the house. On July 24, 2006, after a six-day trial, a jury found that a redhibitory defect existed and the Reeds were guilty of fraud for failing to disclose the defect. Mayfield was awarded $89,400.00 in damages with interest.[1] On March 7, 2007, in a subsequent judgment on a Rule to Fix Attorney Fees, the court awarded Mayfield $36,975.00 *238 with interest from February 22, 2007. This appeal ensued.

LAW AND DISCUSSION

On appeal, the Reeds argue that the jury erred in its findings because Mayfield had actual knowledge of the water seepage problems prior to the sale. Furthermore, the Reeds contend that Mayfield had full access to the house and that there was plenty of time for discovery, inspection, and investigation. They ask this court to reverse the finding of fraud and the associated damages. In the alternative, they contend that the actual price to repair the problem is less than what was awarded and ask that the amount be reduced accordingly. The Reeds also argue that the trial court erred in denying their motion for new trial as a result of ineffective assistance of counsel at the trial level. At the outset, we note that the record does not support this claim and therefore we find this argument is without merit. Mayfield, on the other hand, argues that the jury should have awarded the remedy of rescission of the sale since there was a finding of fraud, but in the alternative asks that the amount of damages be affirmed. Mayfield also seeks an increase in attorney's fees.

The appellate standard of review applies equally in jury trials and judge trials and has been stated as follows:

Factual determinations of the trier of fact may not be reversed absent manifest error or unless they are clearly wrong. In order to reverse a trial court's determination of fact, an appellate court must review the record in its entirety and (1) find that a reasonable factual basis does not exist for the finding, and (2) further determine that the record establishes that the factfinder is clearly wrong or manifestly erroneous. The appellate court must be cautious not to reweigh the evidence or to substitute its own factual findings just because it would have decided the case differently.

Green v. K-Mart Corp., 2003-2495 (La.05/25/04), 874 So.2d 838, 842. (Internal citations omitted).

Redhibition and Fraud

Louisiana Civil Code Article 2520 provides that:

The seller warrants the buyer against redhibitory defects, or vices, in the thing sold.
A defect is redhibitory when it renders the thing useless, or its use so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect. The existence of such a defect gives a buyer the right to obtain rescission of the sale.
A defect is redhibitory also when, without rendering the thing totally useless, it diminishes its usefulness or its value so that it must be presumed that a buyer would still have bought it but for a lesser price. The existence of such a defect limits the right of a buyer to a reduction of the price.

A defect is not hidden, and therefore not redhibitory, when the buyer knows of it either because it was disclosed by the seller or because the buyer discovered it himself. La. C.C. art. 2521, Official Revision Comment (b). The standard of diligence that must be exercised by the buyer in determining whether the thing purchased is defective is that of a prudent administrator. La. C.C. art. 2521, Official Revision Comment (c). The buyer must make more than a casual observation of the object; he must examine the thing to ascertain its soundness. La. C.C. art. 2521, Official Revision Comment (d).

Besides alleging that the defect was redhibitory, Mayfield argues that the Reeds *239 committed fraud by withholding the truth about the water intrusion and the defect in the slab. Fraud is a misrepresentation or a suppression of the truth made with the intention either to obtain an unjust advantage for one party or to cause a loss or inconvenience to the other. Fraud may also result from silence or inaction. La. C.C. art. 1953.

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Cite This Page — Counsel Stack

Bluebook (online)
981 So. 2d 235, 2008 WL 1886387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayfield-v-reed-lactapp-2008.