Walters v. Greer

726 So. 2d 1094, 1999 WL 24653
CourtLouisiana Court of Appeal
DecidedJanuary 22, 1999
Docket31,480-CA
StatusPublished
Cited by9 cases

This text of 726 So. 2d 1094 (Walters v. Greer) 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
Walters v. Greer, 726 So. 2d 1094, 1999 WL 24653 (La. Ct. App. 1999).

Opinion

726 So.2d 1094 (1999)

J.L. WALTERS and R.L. Walters & Sons, Inc., Plaintiffs-Appellees,
v.
C.G. GREER and Wanda Greer, Defendants-Appellants.

No. 31,480-CA.

Court of Appeal of Louisiana, Second Circuit.

January 22, 1999.

*1095 Leo A. Miller, Jr., Monroe, Counsel for Appellants, C.G. Greer, et al.

Dennis G. Stewart, Rayville, Counsel for Appellees, J.L. Walters, et al.

Before STEWART, CARAWAY and HIGHTOWER (Pro Tempore), JJ.

STEWART, J.

The Greers, C.G. Greer and Wanda Greer, along with their sons, Charles Greer and Jimmy Greer, appeal the trial court's denial of their reconventional demands filed in this lease dispute. For the reasons discussed herein, we affirm.

FACTS

On March 1, 1993, J.L. Walters, individually and as representative of R.L. Walters & Sons, Inc., leased two tracts of land, referred to as the Alto property and the Start property, to C.G. Greer and Wanda Greer for farming operations. The lease provided for a three year term, commencing March 1, 1993, and ending January 31, 1996. The lease also provided that the lessee shall have the "first option to renew" the lease at the "then agreed upon terms." Rent was the greater of $34,000 per year or one-fifth of the crop production and was, according to the terms of the lease, "payable in part by conveyance of the entirety of the Advance A.S.C.S. Program payments when received." C.G. Greer and Wanda Greer subleased the Alto property to their sons, Charles Greer and Jimmy Greer, for their own farming operations.

Shortly after beginning farming operations on the Alto property in 1993, the Greers lost the right to farm that property for the 1993 crop year when Walters lost in a lease dispute with Alan Whitman, a prior lessee of the Alto property. Walters paid C.G. Greer and his two sons each $700 and paid a fertilizer bill in the amount of $4,589.50 as compensation for the work done. The Greers paid no rent for the Alto property in 1993.

In 1994, the Greers installed a water well on the Alto property. Since 1927, the Alto property had been irrigated by the Boeuf River. The Greers first attempted to lease an old pump unit, but it exploded within *1096 eight hours of use. Because a new power unit and pump would cost about $11,000, the Greers decided to install a less expensive electric water well which would cost only $4,800 and which would be less expensive to operate and easier to handle. They spoke to J.L. Walters about installing the well. Walters consented and told them that they would have the property as long as they wanted it. The Greers used the well during the 1994 and 1995 crop years.

In 1995, the Greers did not receive the Advance A.S.C.S. Program payments and, consequently, did not pay any portion of the rent at the start of the crop year. In a letter dated June 8, 1995, Walters informed C.G. Greer that the rent was overdue and demanded satisfaction of the rental obligation. In another letter dated August 14, 1995, Walters expressed dissatisfaction with the amount of rent required under the lease and the manner of payment. He asked C.G. Greer to agree to an earlier termination date. Again in a letter dated September 14, 1995, Walters asked C.G. Greer to sign and return a cancellation form terminating the lease on December 31, 1995. Walters also made reference to the Greers having returned some items and having removed some of their own items from the leased property. C.G. Greer responded to none of these letters. Walters again contacted C.G. Greer about the lease in a letter dated September 26, 1995. Sometime after the September letter, Walters and C.G. Greer had a telephone conversation, which was referred to by Walters in a letter to C.G. Greer dated October 4, 1995. According to the letter, Greer informed Walters that he no longer intended to farm the leased property but that his son, Jimmy Greer, wanted to farm the Alto property. Walters responded that his lease was with C.G. Greer and that he did not want to enter a lease with Jimmy Greer. In this last letter, Walters again asked C.G. Greer to sign and return the lease cancellation.

The Greers picked their 1995 cotton crop in September 1995. After picking the Alto and Start properties, they moved their equipment to another field. In mid-October 1995, Walters allowed new lessees to begin disking the cotton stalks on the Alto and Start properties and to place cattle on the Start property. Neither C.G. Greer nor his sons did anything to stop these activities nor voiced any objection to Walters.

Because the Greers paid only $24,000 in rent for the 1995 crop year, Walters filed suit against his lessees, C.G. Greer and Wanda Greer, for the unpaid portion of the rent. The lessees answered and, along with their two sons who intervened, filed reconventional demands. The Greers asserted that they overpaid rental for the 1993 and 1994 crop years. They sought damages for loss of the Alto property in 1993, loss of scrapping profits in 1995, and loss of the lease renewal right. They also sought reimbursement for expenses associated with installing a water well on the Alto property.

After a trial on the merits, the trial court ruled in favor of Walters, finding that the Greers owed $10,000 in past due rentals for the 1995 crop year. However, the trial court allowed a setoff for rental overpayments made by the Greers in 1993 and 1994 and awarded Walters $4,451.65. The trial court denied the remaining claims asserted by the Greers. In thorough written reasons, the trial court found that the parties reached an accord and satisfaction of the claim for loss of the Alto property in 1993, when Walters paid Greer and his two sons $700 each. With regard to the claim for loss of scrapping profits in 1995, the trial court found that there was no proof that sufficient cotton remained on the stalks after the first picking to justify the scrapping procedure and that the Greers gave Walters every indication of having abandoned both properties after the first picking. The trial court further found that the parties never reached a meeting of minds with regard to renewal of the lease, therefore no renewal occurred as contemplated by the terms of the lease. Lastly, the trial court determined that no reimbursement was due for expenses associated with the water well. From this adverse judgment, the Greers seek relief.

DISCUSSION

An appellate court may not set aside a trial court's factual findings in the absence of manifest error. Stobart v. State, Through *1097 DOTD, 617 So.2d 880 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989). To reverse a trial court's factual determinations, an appellate court must find, based on the record, that no reasonable factual basis exists for the factual findings and that such findings are clearly wrong or manifestly erroneous. Mart v. Hill, 505 So.2d 1120 (La.1987); Thompson v. Coates, 29,333, (La.App. 2nd Cir. 5/7/97), 694 So.2d 599. The issue to be resolved is not whether the fact finder's conclusion was right or wrong, but whether the fact finder's conclusion was reasonable. Stobart v. State, Through DOTD, supra.

An appellate court may not disturb a trial court's reasonable evaluations of credibility and inferences of fact made when there is conflicting testimony. The trier of fact's choice between two permissible views of the evidence cannot be manifestly erroneous or clearly wrong. Rosell v. ESCO, supra.

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Bluebook (online)
726 So. 2d 1094, 1999 WL 24653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walters-v-greer-lactapp-1999.