Meaghan Frances Hardcastle v. De Paris

917 So. 2d 448, 2004 La.App. 4 Cir. 1371, 2005 La. App. LEXIS 1904, 2005 WL 1817515
CourtLouisiana Court of Appeal
DecidedJune 29, 2005
Docket2004-CA-1371
StatusPublished
Cited by7 cases

This text of 917 So. 2d 448 (Meaghan Frances Hardcastle v. De Paris) 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
Meaghan Frances Hardcastle v. De Paris, 917 So. 2d 448, 2004 La.App. 4 Cir. 1371, 2005 La. App. LEXIS 1904, 2005 WL 1817515 (La. Ct. App. 2005).

Opinion

917 So.2d 448 (2005)

MEAGHAN FRANCES HARDCASTLE TRUST
v.
FLEUR DE PARIS, LTD.

No. 2004-CA-1371.

Court of Appeal of Louisiana, Fourth Circuit.

June 29, 2005.

*449 Michael W. Tifft, Halpern, Danner, Miles & Martin, L.L.C., Metairie, LA, for Plaintiff/Appellant.

William F. Wessel, Wessel & Associates, New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge CHARLES R. JONES, Judge DENNIS R. BAGNERIS, SR., and Judge LEON A. CANNIZZARO, JR.).

DENNIS R. BAGNERIS, SR., Judge.

The Appellant, the Meaghan Frances Hardcastle Trust, appeals the judgment of the district court in favor of the Appellee, Fleur de Paris, Ltd., denying the Appellant's Rule for Eviction. We affirm.

Facts

On February 1, 1995, Joseph Parrino, on behalf of Fleur de Paris, entered into a lease with Gwen Burke Smalley, Jean H. Burk and the Gwendolyn Burk Smalley Trust for 60 months beginning April 1, 1995.[1] On August 11, 1999, Joseph Parrino, again on behalf of Fleur de Paris, signed a "Renewal and Extension of Lease" only signed by Gwendolyn Burk Smalley. In anticipation of the sale of the property, the original lease and the renewal were recorded in the Orleans Parish Conveyance Office. The property was sold to the Appellant, the Meaghan Frances Hardcastle Trust, on August 30, 2002.

The New Orleans Fire Department, Fire Prevention Division, inspected the property and noticed the Appellant of different violations on more than one occasion (discussed infra). It is alleged by Fleur de Paris that the Appellant contacted the fire department in an effort to use the violations to force Fleur de Paris out of the premises. In August 2003, the Appellant sent out a five-day notice to vacate for failure to pay July rent and failure to correct the deficiencies under the City Codes. The Appellant further asserted that the lease was invalid and unenforceable because the renewal was not signed by *450 all of the original lessors, namely the Gwendolyn Burk Smalley Trust.

Procedural History

The Appellant filed a Rule for Eviction with a request for declaratory judgment. Fleur de Paris filed a Dilatory Exception of Unauthorized use of Summary Proceeding. The Appellant amended its Rule for Eviction and filed two continuances with the district court. The matter was heard on January 9, 2004, and judgment in favor of Fleur de Paris was signed on February 4, 2004[2]. This timely appeal follows.

Assignments of Error # 1 and # 2

In its first assignment of error, the Appellant argues that the district court erred in giving effect to the alleged renewal of the lease in absence of its execution by all parties to the original lease in the form and manner contemplated by the parties. It argues that three signatories representing two co-owners, a partnership and a trust, signed the original lease. The Appellant specifically points to provision numbers 28 and 41 in the original lease. Section 28, entitled "Notices," reads in pertinent part:

Any notice or other communication required or permitted to be given under this lease by Lessee to Lessor shall be in writing and shall be delivered in person or sent by United States Certified or Registered mail, postage prepaid, return receipt requested, and addressed to Lessor at the place where rent is required to be paid hereunder.

Section 41, entitled "Entire Agreement," reads in pertinent part:

... Except as may otherwise be provided herein, no subsequent alteration, amendment, change or addition to this lease shall be binding upon the parties hereto unless reduced to writing and signed by them.

Our colleagues reasoned in Enterprise Property Grocery, Inc. v. Selma, Inc., 38,747, pp. 7-8 (La.App. 2 Cir. 9/22/04), 882 So.2d 652, 656, that "[t]he record shows that defendant paid rental payments of $2,000 from November 2002 through July 2003 consistent with the new lease provisions. Plaintiff accepted those rental payments during that time period with an awareness of defendant's expectation of a lease with a term. Thus, any presumption that the parties needed to sign the lease to be bound was rebutted by their subsequent performance. Based upon this record, we find that there was agreement between plaintiff and defendant with respect to the terms of the written lease as of November 1, 2002, and the trial court was clearly wrong in finding that the lease was had no effect without the plaintiff's signature."

We find it only rational that we address the first two issues together. Appellant asserts in its second assignment of error that the district court erred in determining that the parties ratified the purported renewal absent any evidence in the record to support a finding of ratification.

Confirmation of a contract, as referred to in Article 2031[3] ... involves making the contract valid by formal assent. *451 That assent can be evidenced through the typical actions signifying ratification of a defective contract.... While no clear definition exists in the statutes or case law as to what confirmation acts validate a relatively null contract, jurisprudence makes it clear that acts sufficient to ratify a contract will act as confirmation of the contract. Confirmation and ratification are used almost interchangeably, or as non-exclusive actions. When a contract is ratified through the subsequent actions of the parties, that contract is confirmed by that ratification. See Hamilton v. McKee, 371 So.2d 1115 (La.1979); Ponder v. Pechon, 274 So.2d 386 (La.1973); Placid Oil Co. v. Taylor, 291 So.2d 892, writ granted 294 So.2d 832 (La.1974).

Rowan v. Town of Arnaudville, XXXX-XXXX, pp. 6-7 (La.App. 3 Cir. 12/11/02), 832 So.2d 1185, 1190. (footnote added).

The record reveals that the Appellant purchased the premises in question subject to the written recordation of the lease by Fleur de Paris. The Appellant not only continued to receive rent payments, but also called for an additional amount of rent due to the cost of living. While the district court established that the extension of the lease "appears to have deficiencies on its face," this Court agrees with the district court's finding that "the subsequent actions of both the lessor and the lessee, that is, and its successors, that is the original lessor on the property was the [sic] of the Gwendolyn Burk Smalley Trust and its later successor Meaghan Frances Hardcastle Trust. The parties have ratified it by the acceptance of rent payments with regard to the lease."

When appellate review is not premised upon any factual findings made at the trial level, but instead is based upon an independent review and examination of the contract on its face, the manifest error rule does not apply. In such cases, appellate review of questions of law is simply whether the trial court was legally correct. Spohrer v. Spohrer, 610 So.2d 849 (La. App. 1 Cir.1992); Koeniger v. Newsome, XXXX-XXXX (La.App. 4 Cir. 2/4/04), 873 So.2d 652.

Despite the Appellant's assertion that in February and March of 2003, it refused to accept rent, the evidence adduced at trial did not support the factual finding in accordance with Koeniger. Even though Appellant questions the validity of the "Renewal and Extension of Lease" we cannot conclude that the district court was legally incorrect in finding that the Appellant ratified the lease by accepting rental payments from Fleur de Paris and failed to meet its burden to prove otherwise at trial.

Assignment of Error # 3

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Bluebook (online)
917 So. 2d 448, 2004 La.App. 4 Cir. 1371, 2005 La. App. LEXIS 1904, 2005 WL 1817515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meaghan-frances-hardcastle-v-de-paris-lactapp-2005.