Yarbrough v. Federal Land Bank

732 So. 2d 1244, 1999 La. App. LEXIS 1328, 1999 WL 274635
CourtLouisiana Court of Appeal
DecidedMay 5, 1999
Docket31,831-CA
StatusPublished
Cited by5 cases

This text of 732 So. 2d 1244 (Yarbrough v. Federal Land Bank) 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
Yarbrough v. Federal Land Bank, 732 So. 2d 1244, 1999 La. App. LEXIS 1328, 1999 WL 274635 (La. Ct. App. 1999).

Opinion

732 So.2d 1244 (1999)

George C. YARBROUGH, et al., Plaintiffs-Appellants,
v.
FEDERAL LAND BANK, et al., Defendants-Appellees.

No. 31,831-CA.

Court of Appeal of Louisiana, Second Circuit.

May 5, 1999.

*1245 Sturgeon & Boyd by John Sturgeon, Ferriday, Counsel for Appellants.

George M. Snelling, III, Counsel for Intervenor Appellee.

Phelps Dunbar by F. Scott Kaiser, Rebecca Crawford, Baton Rouge, Counsel for Appellee J. Burns Wright.

Samuel T. Singer, Winnsboro, Counsel for Appellee Clovis C. Bringol.

Cotton, Bolton, Hoychick & Doughty by John Hoychick, Jr., Rayville, Counsel for Appellee Dallas Thomason.

W. Brian Babin, Baton Rouge, Counsel for Appellee Mary D. Bruner.

Blanchard, Walker, O'Quinn & Roberts by John T. Cox, Jr., Shreveport, Counsel for Appellee Old Republic Ins. Co.

Leake & Anderson by George D. Fagan, New Orleans, Counsel for Appellee National Union Fire Ins. Co. of Pittsburgh, Pa.

Hulse & Wanek by Joseph G. Gallagher, Jr., New Orleans, Counsel for Appellee Harbor Ins. Co.

Theus, Grisham, Davis & Leigh by Phillip D. Myers, Monroe, Counsel for Appellee Liberty Mutual Ins. Co.

Charles C. Trascher, III, Monroe, A. Stephen Cox, Counsel for Appellee Fireman's Fund Ins. Co.

Steven E. Soileau, Shreveport, Counsel for Appellee U.S. Fire Ins. Co.

Joseph D. Cascio, Jr., Monroe, Counsel for Appellee Federal Land Bank of Jackson.

Stephen L. Williamson, New Orleans, Counsel for Appellee First State Ins. Co.

Paul D. Palermo, Metairie, Counsel for Appellee Industrial Indemnity of Hawaii.

Before WILLIAMS, STEWART and KOSTELKA, JJ.

STEWART, J.

This suit arises out of the plaintiffs' allegation that the defendants are liable for tortious interference with George C. Yarbrough's contractual right of first refusal on property he dationed back to the Federal Land Bank of Jackson, Fifth Judicial District court, Parish of Richland, the Honorable Glen W. Strong, presiding. The plaintiffs now appeal the trial court judgment granting a Motion for Partial Summary Judgment dismissing the plaintiffs' claims for any damages after the date of death of George C. Yarbrough, and dismissing the plaintiffs' survival action claims for damages accruing after June 7, 1989 and granting the Peremptory Exception of No Right of Action on the grounds that the plaintiffs' have no right of action to claim any damages suffered by YG & E, Inc. for lost profits from the gin facility. We affirm.

*1246 FACTS

The plaintiffs' allege that the defendants, J. Burns Wright, Dallas Thomason, Clovis "Dick" Bringol and the Estate of Warner Bruner are liable for tortious interference with George C. Yarbrough's contractual right of first refusal on property he dationed back to the Federal Land Bank of Jackson ("the Bank")[1]. The Yarbrough dation included approximately 8200 acres of land accepted by the Bank in satisfaction of more than $13,000,000.00 of debt Yarbrough owed on outstanding loans. On March 20, 1985, George and Theresa Yarbrough entered into a contract lease which contained a right of first refusal to purchase 2662 acres of farmland and a cotton gin from the Bank. The lease was set to expire of its own terms on January 10, 1986.

George Yarbrough ("Yarbrough") was granted the right of first refusal to purchase a portion of the property that he formerly owned if the Bank decided to sell it to a third party on the same terms as were offered to a third party. The Bank advised Yarbrough that it had received an acceptable offer for the cotton gin. Yarbrough exercised the right of first refusal on the cotton gin in July of 1985.

As to the remaining property, Yarbrough received no notice of any additional offers before the lease terminated. Nonetheless, Yarbrough suspected that the Bank had received but had not notified him of other offers on the remaining property. Subsequently, on August 4, 1986, Yarbrough filed suit against the Bank, contending that the Bank had no intention of honoring his right of first refusal and sought damages for lost gin profits from the gin facility due to the failure of the Bank to honor Yarbrough's right of first refusal.

PROCEDURAL HISTORY

George Yarbrough died on June 7, 1989. On May 1990, his estate, his widow and James Arthur Goode, the Dative Testamentary Executor of the Succession of George C. Yarbrough, were substituted as plaintiffs and filed an amended and supplemental petition increasing the demand for damages. The petition joined as defendants several individual officers and directors of the Bank, namely J. Burns Wright, Dallas Thomason, Clovis "Dick" Bringol and Warner Bruner.[2]

In subsequent petitions filed by the plaintiffs, Old Republic Insurance Company, National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Harbor Insurance Company and Liberty Mutual Insurance Company were named as defendants.[3]

On September 19, 1997, the defendants filed a Peremptory Exception of No Right of Action against the plaintiffs' claim for damages allegedly incurred by Yarbrough Gin and Elevator Company, Inc. ("YG & E, Inc."). On May 5, 1998, the trial court rendered judgement granting the Peremptory Exception of No Right of Action on the grounds that the plaintiffs' have no right of action to claim any damages suffered by YG & E, Inc. and dismissed the claim for damages as a final judgment, with prejudice.

*1247 On May 23, 1997, a Motion for Summary Judgment was filed by defendant, Dallas Thomason ("Thomason"). The trial court rendered judgment on April 6, 1998 granting the motion and dismissing, with prejudice, the plaintiffs' action against Thomason. The trial court found that the affidavits and depositions filed in the record did not prove that Thomason had actual knowledge of the right of first refusal until approximately eighteen days after the right of first refusal expired, that Thomason was a director of the Rayville Association with limited authority and no authority to foreclose on any debtors, compromise claims by dation or grant farm leases on Bank owned property.

Then on June 1997, the defendants filed a Motion for Summary Judgment and a Motion for Partial Summary Judgment seeking summary judgment on the grounds that the claims of Mrs. Theresa Yarbrough and the survival action on behalf of George C. Yarbrough have prescribed and alternatively, for partial summary judgment dismissing all claims made for damages after the date of death of Yarbrough.

The trial court denied the Motion for Summary Judgment with respect to the claims of Mrs. Theresa Yarbrough having prescribed. The trial court found that Mrs. Theresa Yarbrough filed a claim for survival action less than one year after the death of George C. Yarbrough, therefore, her claim has not prescribed.[4]

However, the trial court granted the Motion for Partial Summary Judgment dismissing the plaintiffs' claims for any damages after the date of death of George C. Yarbrough, June 7, 1989 and dismissed, as a final judgment with prejudice, the plaintiffs' survival action claims for damages accruing after June 7, 1989. The trial court found that courts have interpreted La. Civ.Code Art.

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Cite This Page — Counsel Stack

Bluebook (online)
732 So. 2d 1244, 1999 La. App. LEXIS 1328, 1999 WL 274635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yarbrough-v-federal-land-bank-lactapp-1999.