PEYTON PLACE, CONDO. ASS'N, INC. v. Guastella

668 So. 2d 1174
CourtLouisiana Court of Appeal
DecidedJanuary 17, 1996
Docket95-CA-396, 95-CA-776
StatusPublished
Cited by2 cases

This text of 668 So. 2d 1174 (PEYTON PLACE, CONDO. ASS'N, INC. v. Guastella) 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
PEYTON PLACE, CONDO. ASS'N, INC. v. Guastella, 668 So. 2d 1174 (La. Ct. App. 1996).

Opinion

668 So.2d 1174 (1996)

PEYTON PLACE, CONDOMINIUM ASSOCIATION, INC.
v.
Robert P. GUASTELLA, Peyton Place, Inc., and I-10, Inc. (Formerly Known as Management Equities Corporation).

Nos. 95-CA-396, 95-CA-776.

Court of Appeal of Louisiana, Fifth Circuit.

January 17, 1996.

*1175 William E. Brown, Covington, for defendants/appellants, Robert P. Guastella, Peyton Place, Inc. and I-10 Inc. (Formerly Known as Management Equities Corporation).

Jacob Kansas, New Orleans, for plaintiff/appellee, Peyton Place Condominium Association, Inc.

Donna Phillips Currault, Gordon, Arata, McCollam & Duplantis, New Orleans, for defendant/appellee, Pan American Life Insurance Company.

Before BOWES and DUFRESNE, JJ., and REMY CHIASSON, J. Pro Tem.

BOWES, Judge.

Robert P. Guastella and Peyton Place, Inc. appeal from two adverse judgments, both which dismiss causes of action filed by them in the Twenty-Fourth Judicial District Court for the Parish of Jefferson in the cases of Peyton Place Condominium Association, Inc. v. Robert Guastella and Peyton Place, Inc., No. 442-941 and Robert Guastella and Peyton Place, Inc., No. 479-474. For the following reasons, we affirm the judgments of the trial court.

FACTUAL AND PROCEDURAL HISTORY

On May 1, 1980, Robert P. Guastella purchased two condominium units from Peyton Place, Inc. and furnished those units for use as a recreation room and as a party room. Also, on May 1, 1980, Guastella and Peyton Place Condominium Association, Inc. executed a lease where Guastella agreed to lease to Peyton Place Condominium Association, Inc. the Recreation Club Room and the Party Room for a term of fifty years.

On November 20, 1980, Guastella sold the Recreation Club Room and the Party Room to Management Equities Corporation.[1] The act of sale contains the following provision:

This act is made, executed and accepted subject to:
* * * * * *
4) Lease of Unit No. Party Room and Unit No. Recreation Club between Robert P. Guastella and Peyton Place Condominium Association, Inc. dated May 1, 1980, recorded in COB 980, folio 952 on May 1, 1980.

On October 6, 1986, Management Equities Corporation sold the Recreation Club Room and the Party Room to Peyton Place, Inc. The act of sale provided:

THIS ACT IS MADE, EXECUTED AND ACCEPTED SUBJECT TO:
* * * * * *
4) Lease of Unit No. Party Room and Unit No. Recreation Club between Robert P. Guastella and Peyton Place Condominium Association, Inc., dated May 1, 1980, recorded in COB 980, folio 952, on May 1, 1980.

*1176 In 1988, ownership of the Recreation Club Room and the Party Room was transferred from Peyton Place, Inc. to Pan American Life Insurance Company by virtue of a dation en paiment. That act also provided:

THIS ACT IS MADE, EXECUTED AND ACCEPTED SUBJECT TO:
* * * * * *
4) Lease of Unit No. Party Room and Unit No. Recreation Club between Robert P. Guastella and Peyton Place Condominium Association, Inc., dated May 1, 1980, recorded in COB 980, folio 952, on May 1, 1980.

On June 15, 1992, as part of a compromise and settlement agreement between Pan American Life Insurance Company and Peyton Place Condominium Association, Inc., the lease agreement dated May 1, 1980 was canceled and terminated.

SUIT NUMBER ONE

PEYTON PLACE CONDOMINIUM ASSOCIATION, INC. V. ROBERT P. GUASTELLA AND PEYTON PLACE, INC.—# 442-941

On December 21, 1992, Peyton Place Condominium Association, Inc. filed suit against Robert P. Guastella; Peyton Place, Inc.; and I-10, Inc. (formerly Management Equities Corporation) demanding from them payment of condominium assessments and interest on same. The petition also alleges that Robert P. Guastella treated the assets of the two defendant corporations as his own and, therefore, he should be personally liable in solido with these corporations.

On February 24, 1993, defendants, Guastella (hereinafter "Guastella"), filed a reconventional demand against Peyton Place Condominium Association, Inc. alleging that it (plaintiff/defendant-in-reconvention) owed past due rent for the lease of the Recreation Club Room and the Party Room and that that rent was or should be used or treated as an offset on the past due condominium fees. Guastella further alleged that the rent owed exceeded the condominium fees owed, and that the rental payments due for the remainder lease should be accelerated. Accordingly, he requested a money judgment in his favor.

Guastella filed a motion for summary judgment in his favor on the reconventional demand. Likewise, Peyton Place Condominium Association, Inc. filed a motion for partial summary judgment/declaratory judgment in its favor.

The trial court denied the motion of Guastella for summary judgment. The judgment also states that the trial court grants the motion for partial summary judgment/declaratory judgment filed by Peyton Place Condominium Association, Inc. In his reasons for judgment, the trial judge finds that "... the right to collect rentals was transferred in the sale. The Court finds that the `subject to' language was in sufficient to entitle Guastella to the rentals."

Guastella filed an application for a writ of review from the trial court's ruling denying his motion for summary judgment. Guastella also filed a motion for appeal from the judgment granting the partial summary judgment/declaratory judgment in favor of Peyton Place Condominium Association, Inc. By order of this Court, the application for a writ of review was granted, consolidating the writ with the appeal.

While the appeal was pending, Guastella, along with Peyton Place, Inc., instituted a second proceeding entitled as stated immediately below.

SUIT NUMBER II

ROBERT P. GUASTELLA AND PEYTON PLACE, INC. V. PAN-AMERICAN LIFE INSURANCE COMPANY—No. 479-474

On June 13, 1995, Robert P. Guastella and Peyton Place, Inc. ("Guastella and PPI") filed suit against Pan American Insurance Company (hereinafter "Pan Am") for Pan Am's action in terminating the lease. These actions were filed in Orleans Parish.

Because of the prior litigation filed in Jefferson Parish, Pan Am filed a motion to transfer venue to the Twenty-Fourth Judicial District Court for the Parish of Jefferson. Pan Am also filed exceptions of no *1177 cause and no right of action and prescription in the Orleans Parish suit.

In response, Guastella and PPI filed a motion to stay the proceedings pending the adjudication of the appeal of case no. 442-941. The Civil District Court for the Parish of Orleans granted the motion to transfer and denied the motion to stay. The matter was transferred to the Twenty-Fourth Judicial District Court for the Parish of Jefferson (No. 479-474) and, subsequently, consolidated with the prior suit, No. 442-941. Pan Am then requested that its exceptions of no cause of action, no right of action and prescription be reset for hearing. Guastella and PPI again sought a stay of the proceedings pending outcome of the appeal in case No. 442-941 (the first suit filed).

On July 24, 1995, the trial court (24th Judicial District Court) rendered judgment. After denying the request of Guastella and PPI for a stay order, the trial judge granted Pan Am's exception of no cause

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Bluebook (online)
668 So. 2d 1174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peyton-place-condo-assn-inc-v-guastella-lactapp-1996.