Home/Louisiana Court of Appeal/Yellow Cab Co. v. Baudy

Yellow Cab Co. v. Baudy

465 So. 2d 104, 1985 La. App. LEXIS 8225
CourtLouisiana Court of Appeal
DecidedFebruary 12, 1985
DocketNo. CA 2250
StatusPublished

This text of 465 So. 2d 104 (Yellow Cab Co. v. Baudy) 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
Yellow Cab Co. v. Baudy, 465 So. 2d 104, 1985 La. App. LEXIS 8225 (La. Ct. App. 1985).

Opinion

GARRISON, Judge.

This is an appeal from a judgment of the district court rendered February 29, 1984 as follows:

“IT IS ORDERED, adjudged and decreed that there be judgment herein in favor of [105]*105the plaintiff and against the defendants, jointly and in solido, condemning them to pay, in compliance with the lease, the full amount of the rent past due in the sum of $5,340.00, and reserving the right of plaintiff to proceed at a later date for the remaining rent installments, and attorney fees of 15% for a total judgment of $6,141.00, and for legal interest from judicial demand and for all costs of these proceedings.”

The entire transcript of these proceedings is as follows:

PROCEEDINGS
THE COURT: The matter is being submitted by both parties, and in accordance with the submission, there will be Judgment as prayed, and I think you have the Judgment with you?
MR. REESE: Your Honor, my exception of no right of action be maintained and in this Judgment it is not against Brent Baudy, personally, but against Baudy Trucking Company. He signed it.
MR. TOYE: Signed as Brent M. Baudy, President of Baudy Trucking and Storage Company, Inc., both of them.
THE COURT: That would make it a corporate liability.
Exception will be maintained and the Judgment is against Baudy Trucking and Storage Company, Incorporated.
MR. TOYE: At this time is it possible for me to request the payment of the rent up to this time inasmuch as it is in our lease?
THE COURT: You can get a petition to supplement this one. Just file a supplemental and amended petition.
* ⅜ ⅜ * * ⅜
REPORTER’S CERTIFICATE
I, GRACIE C. O’ROURKE, Certified Shorthand Reporter, hereby certify that the foregoing is a true and correct transcript of my stenographic notes taken in this proceedings, to the best of my ability and understanding.”

Our clerk’s office has contacted the Civil District Court clerk’s office and ascertained that there are no depositions missing. Our clerk’s office also contacted the court reporter who checked her notes and ascertained that there is no more to the transcript. Apparently, the case was submitted on the pleadings, such as they are.

On October 31,1983, plaintiff Yellow Cab filed a petition against Baudy Trucking & Storage Company and Brent M. Baudy, Sr. alleging the following:

“I.
That, by an act under private signature, dated the 20th day of July, 1982, a copy of which said act is annexed hereto and made a part hereof, petitioner leased vacant land in Square 108, lots 1, 17,18,19, 20, A and X bounded by Annunciation, Market, Chippewa and Felicity streets in the City of New Orleans to Brent M. Baudy and Baudy Trucking and Storage Co., Inc. having a fixed place of business at 601 Market Street in the City of New Orleans, for a term of two (2) years, commencing on the 22nd day of July, 1982, and ending on the 21st day of July, 1984, and for a monthly rental of One Thousand, Seven Hundred and Eighty and no/100 ($1,780.00) Dollars payable monthly and in advance.
II.
That, in violation of the lease, the lessee, Brent M. Baudy and Baudy Trucking and Storage Co., Inc., failed to pay the rent for the months of June, July, August and September of this year, 1983, notwithstanding amicable demand, and that, in compliance with the terms of the lease, lessor cancelled the lease on September 23,1983 by letter, requesting payment of the past due rent and reserving its right to proceed later for the remaining installments.”

Plaintiff then prayed for judgment.

Attached to the petition was a copy of the lease, parts of which are reproduced below:

[106]

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Bluebook (online)
465 So. 2d 104, 1985 La. App. LEXIS 8225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yellow-cab-co-v-baudy-lactapp-1985.