Solid Rock Technologies, L.L.C. v. Joseph

190 So. 3d 337, 2015 La.App. 1 Cir. 1290, 2016 La. App. LEXIS 381, 2016 WL 743304
CourtLouisiana Court of Appeal
DecidedFebruary 24, 2016
DocketNo. 2015 CA 1290
StatusPublished

This text of 190 So. 3d 337 (Solid Rock Technologies, L.L.C. v. Joseph) 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
Solid Rock Technologies, L.L.C. v. Joseph, 190 So. 3d 337, 2015 La.App. 1 Cir. 1290, 2016 La. App. LEXIS 381, 2016 WL 743304 (La. Ct. App. 2016).

Opinion

DRAKE, J.

taThe appellants/defendants Jacob Hester, Amanda Hester, and International Fidelity Insurance Company appeal a motion for partial summary judgment granted in favor of the appellees/plaintiffs, Solid Rock Technologies, L.L.C. and Heavenly Home [338]*338Consulting, L.L.C. For the reasons that follow, we reverse.

FACTS AND PROCEDURAL HISTORY

This litigation arises out of a lien filed by the plaintiffs, Solid Rock Technologies, L.L.C. (Solid Rock) and Heavenly Home Consulting, L.L.C. (Heavenly Home). Solid Rock and Heavenly Home provided labor and materials for a new construction residential project located on Lot 126, in the Settlement at Willow Grove Subdivision, with a municipal address of 11406 The Gardens Drive, Baton Rouge, Louisiana.1 The residence was purchased by Jacob and Amanda Hester on November 24, 2008. Subsequent to the purchase of the residence by the Hesters, Solid Rock and Heavenly Home filed a lien on Decem- . ber 4, 2008, pursuant to the Louisiana Private Works Act (LPWA),2 alleging they were owed $24,321.85 for unpaid subcontracting work performed on the project.3 The affidavit to secure privilege stated that Solid Rock and Heavenly Home contracted with the owners, Alan Joseph and/or Laurel Lane Investments, L.L.C. (Laurel Lane), and the general contractor, Willie Joseph, to perform work on the project. The Hesters were not named in the lien. On December 15, 2008, Solid Rock and Heavenly Home made demand against the owners, Alan Joseph, Anna Joseph, and | aLaurel Lane; the general contractor, Willie Joseph; and the purchasers, the Hesters, in the amount of $24,318.85.

Solid Rock and Heavenly Home filed a petition to enforce lien on March. 25, 2009, against Alan Joseph, Laurel Lane, Willie Joseph, and Jacob and Amanda Hester. In their petition, the plaintiffs alleged the price of their subcontracting services totaled $33,477.35. After receiving partial payments totaling $10,302,78, the plaintiffs alleged the remaining balance due them was $2,521.00 to Heavenly Home and $20,653.57 to Solid Rock, for a total of $23,174.57. Solid Rock and Heavenly Home filed notice of lis pendens on August 26, 2009, which stated that the plaintiffs were “subcontractors to Alan Joseph, Laurel Lane Investments, LLC and Willie Joseph, all acting as. general contractor.” (Emphasis added.)

After a period of ownership* the Hesters decided to sell the property, but were unable to provide clear title due to the lien. The Hesters secured a lien bond through International Fidelity, and the release of lien bond wás filed on November 23, 2009. Solid Rock and Heavenly Home filed a supplemental and amended petition on June 9, 2010, adding International Fidelity as a defendant.

On February 17, 2011, the Hesters and International Fidelity filed a peremptory exception of no cause of action. These defendants alleged they were not named in the affidavit to secure privilege, and they further argued that under the LPWA, Solid Rock and Heavenly Home do not have a valid claim against them; therefore, the lien was improperly filed. Following a hearing on May 9, 2011, the trial court [339]*339denied the defendants’ exception ■ and signed a judgment to that effect on June 15,2011.

On June 7, 2011, Solid Rock and Heavenly Home filed a motion for summary judgment against the • defendants, Jacob Hester, Amanda Hester, and International Fidelity, on the basis that pursuant to the LPWA, specifically La. R.S. 9:4802 and 9:4806, the Hesters and their surety, International Fidelity, were liable |4to the plaintiffs for their labor and materials incorporated into the residence purchased by the Hesters. The Hesters and International Fidelity opposed the motion. Following a hearing on' August 19, 2013, the trial court granted partial summary judgment in favor of Solid Rock in the amount of $20,653.57, and in favor of Heavenly Home in the amount of $2,521.00.

The trial court signed a judgment to this effect on December 3, 2014. In the judgment, the trial court scratched through language designating the judgment as final under La. C.C.P. art.' 1915(B). The Hes-ters and International Fidelity applied for supervisory writs with this court.’ On March 27, 2015, this court (Whipple!,* McClendon, and Higginbotham) issued an action noting that the judgment was a final, appealable judgment pursuant to La. C.C.P. art. 1915(A)(3) and ordered the district court to grant the Hesters and International Fidelity an appeal pursuant to their notice of intent to seek writs.4 See In Re Jacob Hester, Amanda Hester, and International Fidelity Insurance Company, 2015-0002 (La.App. 1 Cir. 3/27/15) (urn. published writ action).

Motion to Withdraw

„ The instant appeal was lodged on August 24, 2015. On October Í5, 2015, G. Steven Duplechain, . APLC, appearing through Steven Duplechain, counsel for the plaintiffs, Solid Rock and Heavenly Home, filed a motion to withdraw as counsel. On January 12, 2015, this court (Gui-dry, Drake, and Holdridge) denied counsel’s motion to withdraw. See In Re On Motion of G. Stephen Duplechain, to Withdraw as Counsel of Record, 2015-1290 (La.App. 1 Cir. 1/15/16) (unpublished),

LAW AND DISCUSSION

Standard of Review

A trial court may render partial summary judgment as to one hr more, but less than all of the- claims, demands, issues, and theories of recovery. See La. C.C.P. art. 1915(A)(3)-and 966(E). A motion for summary judgment is properly granted if the pleadings,- depositions, answers to interrogatories, and admissions, together with affidavits, if any, admitted for purposes of the motion for summary judgment, show that there is no genuine issue of material fact, and that mover is entitled to judgment as a matter of law.5 La. C.C.P. art. 966(B)(2).

[340]*340The burden of proof on a motion for summary judgment is on the' moVant. However, if the movant will" not bear the burden of proof at trial on the matter that is before the court on the motion, the movant’s burden on the motion does not require' him to negate all essential elements of the adverse party’s' clairh,' but rather to point out to the court that there is an absence of factual support for one or more elements essential to the adverse party’s claim. Thereafter,-if the adverse party fails toproducefactual evidence sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact, and the mover if entitled to summary judgment. La. C.G.P. art. 966(C)(2). •' ■

An appellate court’s review of a summary judgment is de novo review based on the evidence presented to the trial court, using the same criteria used by the trial court in deciding whether a summary judgment should be granted,' Kessler Federal Credit Union v. Rivero, 2014-0095 (La.App. 1 Cir. 9/19/14), 153 So.3d 1218, 1221. Because it is the applicable substantive law that determines ^materiality, whether a particular fact in dispute is “material” for • summary judgment purposes can be seen, only in light of the substantive law .applicable to the case. Shipp v. Landry, 2013-1673 (La.App. 1 Cir. 5/2/14), 147 So.3d 721, 725, The substantive issues involved herein fall under the LPWA, as discussed below.

The LPWA

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Simms Hardin Co. v. 3901 Ridgelake Drive, L.L.C.
119 So. 3d 58 (Louisiana Court of Appeal, 2013)
Shipp v. Wayne Joseph Landry
147 So. 3d 721 (Louisiana Court of Appeal, 2014)
Kessler Federal Credit Union v. Rivero
153 So. 3d 1218 (Louisiana Court of Appeal, 2014)
Cajun Constructors, Inc. v. Ecoproduct Solutions, LP
182 So. 3d 149 (Louisiana Court of Appeal, 2015)
King v. Illinois Cent. R. R.
131 So. 68 (Louisiana Court of Appeal, 1930)

Cite This Page — Counsel Stack

Bluebook (online)
190 So. 3d 337, 2015 La.App. 1 Cir. 1290, 2016 La. App. LEXIS 381, 2016 WL 743304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solid-rock-technologies-llc-v-joseph-lactapp-2016.