Snow v. Weyant

923 So. 2d 34, 2005 La. App. LEXIS 1908, 2005 WL 1819996
CourtLouisiana Court of Appeal
DecidedAugust 3, 2005
DocketNo. 2004 CA 1438
StatusPublished
Cited by1 cases

This text of 923 So. 2d 34 (Snow v. Weyant) 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
Snow v. Weyant, 923 So. 2d 34, 2005 La. App. LEXIS 1908, 2005 WL 1819996 (La. Ct. App. 2005).

Opinion

PETTIGREW, J.

laThis appeal challenges a judgment rendered October 14, 2003, pursuant to a bench trial in favor of plaintiffs-appellees, Susan M. Snow a/k/a Susan Medeiros and Focus, Inc. d/b/a Seashore Graphics (collectively, “Snow”), and against defendants-appellants, Leon Weyant, Resource Capital Corporation, Hotel’s Choice, L.L.C. d/b/a PFT Printers & Publishers and d/b/a [36]*36Trade Graphics, jointly, severally, and solidarity, for the sum of $35,500.00, plus legal interest from the date of delivery, August 27, 1999, and all court costs. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

In late July or early August of 1999, Weyant learned that Snow was closing the business of Seashore Graphics and was selling some printing equipment. Weyant met with Snow in the summer of 1999 to inquire about the equipment that was for sale. An agreement was reached between the parties for various pieces of equipment, but of particular importance to this case is the agreement between Weyant and Snow on a sales contract for a 1997 Heidelberg Quickmaster 46-2 printing press for $36,000.00. At the time of trial, the parties contested whether Weyant disclosed to Snow at the time of the agreed sale that he was acting as an agent for Hotel’s Choice L.L.C. d/b/a PFT Printers & Publishing and d/b/a Trade Graphics. Weyant claimed that he disclosed this information; Snow claimed he did not. The evidence demonstrated that at the time of the agreed sale, Weyant’s girlfriend, Vicki Dear, rather than Weyant, was the actual owner of Hotel’s Choice L.L.C. d/b/a PFT Printers & Publishing and d/b/a Trade Graphics.

A couple of weeks after the agreed sale of the above Heidelberg printing press, Weyant contacted Snow and informed her that he would be purchasing the equipment through Resource Capital Corporation (“RCC”), but in fact, RCC would be listed as the purchaser and RCC would lease the printing press back to him. Snow received documentation from RCC confirming this information and executed a bill of sale and invoice to RCC in order to facilitate prompt payment for the printing press. Thereafter, Snow received confirmation from RCC that Weyant’s lease had been approved for the purchase price. Upon this reliance, Snow allowed Weyant to take delivery of the printing-press that was placed at the facilities of Hotel’s Choice L.L.C. d/b/a PFT Printers & Publishers and d/b/a Trade Graphics.

Although Weyant took delivery of the printing press in August 1999, neither he nor RCC ever paid for the press although Weyant and Hotel’s Choice L.L.C. maintained continuous possession and use of the press until the time of the trial. Wey-ant, in fact, made allegations that there were defects or problems with the printing press and made demand upon Snow for reimbursement of repairs that were never made as well as for the cost of delivery of the press back to Snow.

On or about August 9, 2000, Snow filed suit against Weyant, R.C.C., and Hotel’s Choice L.L.C.1 d/b/a PFT Printers & Publishers as defendants therein, alleging breach of contract, fraud, misrepresentation, inducement of Snow to rely upon the representation of Weyant, PFT Printers & Publishers, and RCC, and for the wrongful conversion of the printing press.

On May 12, 2003, Snow filed a motion for summary judgment against RCC, Wey-ant, and Hotel’s Choice, L.L.C. d/b/a PFT Printers & Publishers. The trial court, on June 13, 2003, rendered judgment in favor of Snow and against RCC for contractual damages in the principle amount of $35,500.00, plus judicial interest from date of judicial demand until paid, in addition to twenty-five (25%) percent attorney’s fees, and for all costs of these proceedings. The trial court however declined to grant [37]*37Snow’s motion for summary judgment with respect to Weyant and Hotels Choice, L.L.C. d/b/a PFT Printers & Publishers. No appeal was taken from this summary judgment.

On August 19, 2003, a trial on the merits against the remaining defendants and causes of action was heard. Judgment was rendered in favor of Snow and against Weyant, RCC, and Hotel’s Choice L.L.C. d/b/a PFT Printers & Publishers and d/b/a Trade Graphics, concluding that said defendants had committed fraud and, were therefore, | jointly, severally, and solidarily liable to Snow for the sum of $35,500.00, plus legal interest from the date of delivery, August 27, 1999, and all court costs.

From this judgment, defendants now appeal.

On appeal, Weyant and Hotel’s Choice L.L.C. d/b/a PFT Printers & Publishers set forth the following assignments of error, and contend that the trial court erred in the following respects:

1. In finding that Mr. Weyant and Hotel’s Choice, L.L.C. converted the plaintiff-appellee’s printer to their own use.
2. In awarding to the plaintiff-appel-lees the sales price of the printer, instead of simply ordering the defendant-appellants to return of [sic] the printer to the plaintiff-appellees.
3. In finding that the conduct of Mr. Weyant and Hotel’s Choice, L.L.C. was fraudulent as regards the failed transaction with the plaintiff-appel-lees.
4. In finding that Mr. Weyant did not disclose any agency relationship between himself and Hotel’s Choice at the time the agreement to buy and sell was made between the parties herein.

DISCUSSION

The Louisiana Constitution of 1974 provides that the appellate jurisdiction of the courts of appeal extends to both law and facts. La. Const. art. V, § 10(B). A court of appeal may not overturn a judgment of a trial court absent an error of law or a factual finding that is manifestly erroneous or clearly wrong. See Stobart v. State, Department of Transportation and Development, 617 So.2d 880, 882, n. 2 (La.1993). When the court of appeal finds that a reversible error or manifest error of material fact was made in the trial court, it is required to redetermine the facts de novo from the entire record and render a judgment on the merits. Rosell v. ESCO, 549 So.2d 840, 844, n. 2 (La.1989).

The common law tort of conversion had been recognized by Louisiana courts as a quasi offense pursuant to La.Civ.Code art. 2315. Edward Levy Metals, Inc. v. New Orleans Public Belt Railroad, 243 La. 860, 148 So.2d 580, 582 (1963). However, with the advent of comparative fault under La. Civ.Code art. 2323, the Louisiana Supreme Court has distinguished the common law conversion based upon strict liability and Louisiana civilian conversion based upon comparative fault. Dual Drilling Company v. Mills Equipment, 98-0343, pp. 3-4 (La.12/1/98), 721 So.2d 853, 856-58. Louisiana civilian conversion is committed when any of the following occurs: 1) possession is acquired in an unauthorized manner; 2) the chattel is removed from one place to another with the intent to exercise control over it; 3) possession of the chattel is transferred without authority; 4) possession is withheld from the owner or possessor; 5) the chattel is altered or destroyed; 6) the chattel is used improperly; or 7) ownership is asserted over the chattel. Dual

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Bluebook (online)
923 So. 2d 34, 2005 La. App. LEXIS 1908, 2005 WL 1819996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snow-v-weyant-lactapp-2005.