Shreveport Electric Co. v. OASIS POOL SERVICE

889 So. 2d 274, 2004 WL 2180980
CourtLouisiana Court of Appeal
DecidedSeptember 29, 2004
Docket38,776-CA, 38,876-CA
StatusPublished
Cited by11 cases

This text of 889 So. 2d 274 (Shreveport Electric Co. v. OASIS POOL SERVICE) 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
Shreveport Electric Co. v. OASIS POOL SERVICE, 889 So. 2d 274, 2004 WL 2180980 (La. Ct. App. 2004).

Opinion

889 So.2d 274 (2005)

SHREVEPORT ELECTRIC CO., INC., Plaintiffs-Appellees
v.
OASIS POOL SERVICE, INC., Defendants-Appellants.
Wayne Simmons, et al, Plaintiffs-Appellees
v.
Oasis Pool Service, Inc. et al, Defendants-Appellants.

Nos. 38,776-CA, 38,876-CA.

Court of Appeal of Louisiana, Second Circuit.

September 29, 2004.
Rehearing Denied January 20, 2005.

*276 Burt A. Bowers, Shreveport, for Plaintiffs-Appellees.

Greenwald Law Firm, LLC, Shreveport, Amy L. Greenwald for Defendants-Appellants.

Before WILLIAMS, STEWART and LOLLEY, JJ.

LOLLEY, J.

In this consolidated matter, Oasis Pool Service, Inc. ("Oasis") appeals a judgment rendered in Shreveport City Court, Caddo Parish, Louisiana, in favor of Shreveport Electric Co., Inc. ("Shreveport Electric") on their demand of $9,500 for electrical work performed, plus all court costs, filing fees, subpoena fees and 25% of the main demand as attorney fees. Oasis is also appealing a judgment rendered in the First Judicial District Court, Caddo Parish, Louisiana, awarding Wayne and Gale Simmons ("the Simmons") $2,000 in damages for the faulty installation of a putting green on their personal property and a judgment awarding court costs equally to both parties. For the following reasons, we affirm the city court judgment and as to the district court judgment, we reverse in part, amend in part and render.

FACTS

This appeal involves two businesses and their owners who had previously enjoyed a 20 year business relationship. Oasis is owned by Paul and Tina Broussard ("the Broussards") and Shreveport Electric is owned by the Simmons. In the fall of 2001, Oasis hired Shreveport Electric to do some electrical work on its new office building located at 8039 Line Avenue in Shreveport; this building is owned by the Broussards. In early 2002, the Simmons hired Oasis to install a putting green on their private property located at 5800 Jefferson Paige Road in Shreveport. In September 2002, Shreveport Electric sent an invoice to Oasis in the amount of $13,503.77 for the electrical services rendered on the Line Avenue building, and on that invoice was a somewhat ambiguous notation by Gale Simmons indicating a desire to settle the obligations existing between all the parties.

Oasis responded with a payment to Shreveport Electric in the amount of $4,003.77, indicating that this was the amount due Shreveport Electric for the cost of the electrical work ($13,503.77) minus the amount due for the installation of the putting green ($9,500) on the Simmons property. In October 2002, Shreveport Electric sent another invoice to Oasis and credited them for the $4,003.77 payment, but showed that a balance remained outstanding in the amount of $9,500. No further payment was made by Oasis. On November 19, 2002, Shreveport Electric sent a demand letter by certified mail to Oasis alleging that there was an outstanding amount due of $9,500 for the work done on the Line Avenue building. Oasis responded with a certified demand letter to Shreveport Electric stating that it was owed $9,500 for the installation of the putting green. Thereafter, litigation between the parties ensued.

Procedural History

On December 20, 2002, Shreveport Electric filed suit on an open account in Shreveport City Court against Oasis demanding a balance due of $9,500 for work performed on the Line Avenue building. Oasis filed an answer and reconventional *277 demand against the Simmons contending that they owed Oasis $9,500 for the installation of the putting green on their personal property. Oasis also asserted affirmative defenses of offset, compromise and settlement.

On that same date, the Simmons filed a petition for damages against Oasis in the First Judicial District Court, seeking damages related to the installation of the putting green on their private property. Oasis filed an answer and reconventional demand for $9,500, the cost of installing the putting green. The Simmons filed an answer to the reconventional demand. Thereafter, Oasis filed a third party demand against Strong's Backhoe Service, Inc. and David Strong claiming that they were liable for the defective putting green.

In January 2003, the Simmons, defendants in reconvention, filed an exception of lis pendens and no cause of action in Shreveport City Court alleging that litigation was also pending in the First Judicial District Court. A hearing on the exception was held and judgment was rendered by the Shreveport City Court sustaining the exception of lis pendens and stating that the pending district court suit entitled "Wayne and Gale Simmons versus Oasis Pool Service, Inc .... involves the same parties, same cause of action, same object, same issues as the instant suit. The pendency of the district court suit bars prosecution of the instant suit." The city court also sustained the exception of no cause of action with regard to Shreveport Electric Company, dismissing Shreveport Electric's suit without prejudice.

One month later, the city court rendered an Amended Opinion clarifying its original opinion by stating that "Defendant's and Plaintiff in reconvention's suit is dismissed without prejudice." Judgment was entered on April 17, 2003, granting the Simmons' exception of lis pendens and exception of no cause of action and dismissing the reconventional demand against them without prejudice. Shreveport Electric then filed a first supplemental and amending petition, naming the Broussards individually as owners of Oasis as defendants in the matter. After several motions were filed by both parties a hearing was held in city court on July 9, 2003. The city court ruled "that defendants', Paul Broussard and Christina Broussard, exceptions of no cause of action and no right of action are dismissed." The trial court ruled that the claims were dismissed with prejudice (emphasis added). Subsequently, on October 23, 2003, and prior to the ruling of the First Judicial District Court on the pending action, there was a trial on the merits in Shreveport City Court with judgment in favor of Shreveport Electric against Oasis for $9,500, plus all court costs, filing fees, subpoena fees and 25% of the main demand as attorney fees. An appeal from this judgment ensued.

Following a trial of the other matter in the First Judicial District Court on October 16, 2003, all claims against the third party defendants, Strong's Backhoe and David Strong, were dismissed, with costs assessed to Oasis. The trial court ruled that the Simmons were entitled to damages of $2,000 for the faulty installation of the putting green. The district court stated in its written opinion filed on October 27, 2003, that "[a]dditionally, the court finds that the principals to the agreement concerning the installation of the putting green (Wayne Simmons on behalf of the plaintiff, individually and as agent for Shreveport Electric, and Paul Broussard, on behalf of Oasis Pool Service, Inc.) did in fact agree to offset the amount of the putting green against the amount due by Oasis for electrical work done by Shreveport Electric. In that regard, the evidence *278 showed that Oasis had accepted the offset by sending its check for the balance due for electrical work." The district court stated "[a]s to the reconventional demand, the evidence showed, as aforesaid, that an ofset was agreed to with Shreveport Electric (not a party to this litigation) in favor of plaintiffs.

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Cite This Page — Counsel Stack

Bluebook (online)
889 So. 2d 274, 2004 WL 2180980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shreveport-electric-co-v-oasis-pool-service-lactapp-2004.