Stevens v. Bruce

878 So. 2d 734, 2004 WL 1196809
CourtLouisiana Court of Appeal
DecidedJune 2, 2004
Docket2004-133
StatusPublished
Cited by9 cases

This text of 878 So. 2d 734 (Stevens v. Bruce) 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
Stevens v. Bruce, 878 So. 2d 734, 2004 WL 1196809 (La. Ct. App. 2004).

Opinion

878 So.2d 734 (2004)

Travis Lee STEVENS
v.
Darren Keith BRUCE, et al.

No. 2004-133.

Court of Appeal of Louisiana, Third Circuit.

June 2, 2004.

*735 R. Chadwick Edwards, Jr., Edwards & Edwards, Abbeville, LA, for Plaintiff/Appellant, Travis Lee Stevens, Kim Stevens.

Charley Hutchens, Lafayette, LA, for Defendants/Appellees, Darren Keith Bruce, Tina Elizabeth Bruce.

Charles R. Minyard, Lafayette, LA, for Defendants/Appellees, Minos Breaux, Janet Breaux.

Vincent J. Saitta, Colomb & Saitta, Lafayette, LA, for Defendants/Appellees, Vesta Breaux Pellerin, Judy Breaux Touchet, Elaine Breaux Broussard, Darrell Breaux.

Court composed of JOHN D. SAUNDERS, OSWALD A. DECUIR, and GLENN B. GREMILLION, Judges.

GREMILLION, Judge.

The plaintiffs, Travis and Kim Stevens, appeal the judgment of the trial court sustaining an exception of prescription in favor of the defendants, Darren and Tina Bruce, and an exception of no right of action in favor of the defendants, Vesta Breaux Pellerin, Judy Breaux Touchet, Cynthia Breaux McAdams, Elaine Breaux Broussard, and Darrell Breaux (the Vesta Breaux defendants). For the following reasons, we reverse and remand.

FACTS

The Stevens purchased their tract of property from the Bruces on October 25, 2000. Prior to that, the Bruces had purchased two tracts comprising the subject tract from the Vesta Breaux defendants and Minus and Janet Breaux (the Minus Breaux defendants), on June 25, 1998 and *736 June 30, 1998, respectively. On October 21, 2001, the Stevens began excavating the tract in order to construct a pond and raise the elevation of the surrounding property prior to constructing a home. In doing so, they discovered several buried drums of hazardous waste, which had previously been placed there by John Broussard of Broussard Chemical, Inc., a previous co-owner and/or lessee of the property. The Stevens notified the Louisiana Department of Environmental Quality (DEQ), which later discovered other caches of buried hazardous waste. Due to the contamination caused by the hazardous waste, the Stevens have been prevented from utilizing their property.

On September 9, 2002, the Stevens filed a Petition in Redhibition against the Bruces and the Vesta Breaux defendants alleging that the presence of the hazardous waste on their property was a redhibitory defect pursuant to La.Civ.Code art. 2520. They further alleged that the Bruces and the Vesta Breaux defendants knew that the Breaux property had been the subject of a DEQ investigation and that they failed to register the property with DEQ as required by La.R.S. 30:2039. Finally, the Stevens stated that had they known of Broussard Chemical's use of the property or that a DEQ clean-up site was located adjacent to this tract, they would not have purchased the property.

In response, the Vesta Breaux defendants filed a peremptory exception of prescription alleging that the Stevens' claim of redhibition had prescribed. In the alternative, they urged a peremptory exception of no right of action. The Bruces answered the petition and filed a cross claim against their ancestors-in-title to the first tract, the Vesta Breaux defendants, and a third party demand against their ancestors-in-title to the second tract, the Minus Breaux defendants. In response, the Minus Breaux defendants filed peremptory exceptions of prescription against the principal and third party demands and a peremptory exception of no cause of action against the Bruces. Thereafter, the Bruces filed a peremptory exception of no cause of action against the Stevens' claims.

Following a hearing on the exceptions, the trial court sustained the Bruces' peremptory exception of prescription and the Vesta Breaux defendants' peremptory exception of no right of action. The Stevens sought writs based on the trial court's judgment, however, this court denied their writ application as being premature since they had an adequate remedy through appeal. Thereafter, the Stevens moved for a final judgment in this matter; an order designating the rulings as final and appealable was rendered by the trial court on November 13, 2003. This appeal by the Stevens followed.

ISSUES

On appeal, the Stevens argue that the trial court erred in sustaining the peremptory exceptions of prescription and no right of action.

REDHIBITION

An action in redhibition is found in La.Civ.Code art. 2520. A redhibitory defect is one which "renders the thing useless, or its use so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect. The existence of such a defect gives a buyer the right to obtain rescission of the sale." La.Civ.Code art. 2520. A redhibitory action prescribes against a seller, who was unaware of the defect, four years from the date of delivery of the thing to the buyer or one year from the date of discovery of the defect by the buyer, whichever occurs first. La.Civ.Code art. 2543(A)(1). Louisiana Civil *737 Code Article 2534(A)(2) provides that, "when the defect is of residential or commercial immovable property, an action for redhibition against a seller who did not know of the existence of the defect prescribes in one year from the day delivery of the property was made to the buyer."

In reviewing prescriptive statutes:

Prescriptive statutes are strictly construed against prescription and in favor of the claim sought to be extinguished by it. Bouterie v. Crane, 616 So.2d 657 (La.1993); Bustamento v. Tucker, 607 So.2d 532 (La.1992). The burden of proof on the prescription issue lies with the party asserting it; however, where the petition shows on its face that the claim has prescribed, the burden shifts to the plaintiff to prove that the prescriptive period has been interrupted or suspended.

Amoco Prod. Co. v. Texaco, Inc., 02-240, pp. 7-8 (La.App. 3 Cir. 1/29/03), 838 So.2d 821, 829, writ denied, 03-1102, 03-1104 (La.6/6/03), 845 So.2d 1096.

The Stevens first argue that the trial court erred in transferring the burden of proof from the Bruces to them to prove that their cause of action had not prescribed.

The petition reveals that the Stevens purchased their tract of land from the Bruces on October 25, 2000. On October 10, 2001, they discovered the buried hazardous waste on their property and, thereafter, filed their redhibitory action against the Bruces on September 9, 2002. A review of the petition on its face reveals that the petition has prescribed. In the petition, the Stevens stated that they were utilizing the property for a homesite, thus, on its face, La.Civ.Code art. 2534(A)(2) would apply, as it appears that residential immovable property was involved. Since the petition has prescribed on its face, the burden of proof shifted to the Stevens to prove that the applicable prescriptive period was interrupted or suspended. We find no error in the trial court's requirement that the Stevens rebut the presumption of prescription.

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

Related

City of Breaux Bridge v. Charles Thibodeaux
Louisiana Court of Appeal, 2011
Zeno v. Flowers Baking Co.
62 So. 3d 303 (Louisiana Court of Appeal, 2011)
Willie J. Zeno, Sr. v. Flowers Baking Company
Louisiana Court of Appeal, 2011
Coker v. TOWN OF GLENMORA
37 So. 3d 532 (Louisiana Court of Appeal, 2010)
Bennie L. Coker v. Town of Glenmora, Louisiana
Louisiana Court of Appeal, 2010
Soileau v. Foreman
30 So. 3d 1187 (Louisiana Court of Appeal, 2010)
Lester E. Soileau, Jr. v. Darrel Foreman
Louisiana Court of Appeal, 2010
Wimberly v. Blue
11 So. 3d 560 (Louisiana Court of Appeal, 2009)
LaFleur v. Blue
6 So. 3d 348 (Louisiana Court of Appeal, 2009)
Greg Thomas Lafleur v. James Orville Blue
Louisiana Court of Appeal, 2009
Bartucci v. Jackson
246 F. App'x 254 (Fifth Circuit, 2007)
Cathcart v. Magruder
960 So. 2d 1032 (Louisiana Court of Appeal, 2007)
Petry v. Hebert
957 So. 2d 286 (Louisiana Court of Appeal, 2007)
Eric Petry v. Sid Hebert, Sheriff
Louisiana Court of Appeal, 2007
Beach v. Peter Scalfano Enterprises
949 So. 2d 653 (Louisiana Court of Appeal, 2007)
Dave Beach v. Peter Scalfano Enterprises
Louisiana Court of Appeal, 2007

Cite This Page — Counsel Stack

Bluebook (online)
878 So. 2d 734, 2004 WL 1196809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-bruce-lactapp-2004.