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Woodlands Development, L.L.C. v. Regions Bank

Court of Appeals of Louisiana, Fifth Circuit

October 29, 2014

WOODLANDS DEVELOPMENT, L.L.C., ANTHONY REGINELLI, JR., SHAUNA LANDRY REGINELLI, PETER R. STEUR, AND LEE R. STEUR
v.
REGIONS BANK, SOUNDRA J. TEMPLE AND JOHNSON PROPERTY GROUP, L.L.C

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 668-408, DIVISION " J" . HONORABLE STEPHEN J. WINDHORST, JUDGE PRESIDING.

TODD R. SLACK, ATTORNEY AT LAW, New Orleans, Louisiana; WILEY J. BEEVERS, STEVEN M. MAUTERER, ATTORNEYS AT LAW, Gretna, Louisiana, COUNSEL FOR PLAINTIFFS/APPELLEES (WOODLANDS DEVELOPMENT, LLC, ANTHONY REGINELLI, JR., SHAUNA LANDRY REGINELLI, PETER R. STEUR AND LEE R. STEUR).

PAUL G. PRESTON, LINDA M. UZEE, ATTORNEYS AT LAW, New Orleans, Louisiana, COUNSEL FOR DEFENDANTS/APPELLANTS (SOUNDRA J. TEMPLE AND JOHNSON PROPERTY GROUP, LLC).

JOHN A. DUNLAP, J. PATRICK GAFFNEY, ATTORNEYS AT LAW, New Orleans, LA , COUNSEL FOR DEFENDANT/APPELLEE (REGIONS BANK).

Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and Robert A. Chaisson.

OPINION

Page 227

G. GRAVOIS, Judge.

[13-226 La.App. 5 Cir. 3] Appellants, Soundra J. Temple and Johnson Property Group, L.L.C. (" JPG" ), appeal a summary judgment rendered in favor of plaintiffs, Woodlands Development, L.L.C., Anthony Reginelli, Jr., Shauna Landry Reginelli, Peter R. Steur, and Lee R. Steur (collectively " Woodlands" ), and against Ms. Temple and JPG, in solido, for the principal sum of $400,000, plus interest and attorney's fees, pursuant to an Agreement of Purchase and Sale, Promissory Note, and Personal Guaranty agreements executed by Ms. Temple and JPG.

After thorough consideration of this matter, we vacate the summary judgment in question because Woodlands failed to comply with the requirements of Louisiana Code of Civil Procedure article 966 in effect at the time the matter was heard and submitted, regarding the introduction and admission of supporting documents into evidence at the hearing on the motion for partial summary judgment.

[13-226 La.App. 5 Cir. 4] PROCEDURAL HISTORY

This case has been to this Court on two prior appeals. The facts and dealings of

Page 228

the parties are adequately set forth in the first appeal, Woodlands Development, L.L.C. v. Regions Bank, 11-263 (La.App. 5 Cir. 12/28/11), 83 So.3d 147, writ denied, 12-424 (La. 4/9/12), 85 So.3d 704, and need not be repeated here.

Pertinent to this appeal, Woodlands filed a motion for partial summary judgment against Ms. Temple and JPG in August of 2010, seeking a judgment against Ms. Temple and JPG in solido on a promissory note in the principal sum of $400,000, plus interest and attorney's fees. Woodlands also sought a declaration that Ms. Temple and JPG owed Woodlands indemnification in the event that Regions Bank sought to collect an indebtedness on a separate note ...


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