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Cormier v. Banker

Court of Appeals of Louisiana, Third Circuit

November 5, 2014

JOSEPH ANDRUS CORMIER, SR. AND GAY ANN CORMIER
v.
COLDWELL BANKER AND TEAM REALTY, LLC

APPEAL FROM THE THIRTY-THIRD JUDICIAL DISTRICT COURT, PARISH OF ALLEN, DOCKET NO. C-2008-244. HONORABLE PATRICIA C. COLE, DISTRICT JUDGE.

J. Craig Jones, Oakdale, Louisiana, COUNSEL FOR PLAINTIFFS/APPELLANTS: Joseph Andrus Cormier, Sr. and Gay Ann Cormier.

Craig R. Hill, Oberlin, Louisiana, COUNSEL FOR PLAINTIFFS/APPELLANTS: Joseph Andrus Cormier, Sr. and Gay Ann Cormier.

Gregory Engelsman, Bolen, Parker, Brenner, Lee & Engelsman, Ltd., Alexandria, Louisiana, COUNSEL FOR DEFENDANT/APPELLEE: Team Realty, LLC.

Timothy W. Basden, Breaud & Meyers, APLC, Lafayette, Louisiana, COUNSEL FOR DEFENDANT/APPELLEE: Pelican Real Estate, Inc. d/b/a Coldwell Banker Pelican Real Estate.

Bonita Preuett-Armour, Armour Law Firm, LLC, Alexandria, Louisiana, COUNSEL FOR DEFENDANTS: State Farm Mutual Automobile Insurance Company and WHR Group, Inc.

William P. Wynne, Tarak Anada, Jones Walker LLP, New Orleans, Louisiana, COUNSEL FOR THIRD PARTY DEFENDANT/APPELLEE: Continental Casualty Company.

Court composed of J. David Painter, James T. Genovese, and Phyllis M. Keaty, Judges.

OPINION

Page 558

[14-360 La.App. 3 Cir. 1] GENOVESE, Judge.

Plaintiffs, Joseph Andrus Cormier, Sr. and Gay Ann Cormier, appeal the trial court's dismissal of their claims against Defendant, Team Realty, LLC, pursuant to summary judgment. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

This litigation stems from Plaintiffs' purchase of a home located at 309 Maple Street, Elizabeth, Louisiana (the Maple Street property), on December 5, 2007. Prior to Plaintiffs' purchase thereof, the Maple Street property belonged to Lee and Heather Doucet; [1] however, it was being sold by WHR Group, Inc. (WHR), a relocation company, on their behalf.[2]

On May 22, 2008, Plaintiffs filed suit against Team Realty and Coldwell Banker,[3] alleging that they purchased the Maple Street property because of representations made to them by both Ruth Davidson, Plaintiffs' real estate agent employed by Coldwell Banker, and Danny James, the selling agent and Team Realty's owner/broker. According to Plaintiffs, they were told that the Maple Street property contained 2.3 acres when, in fact, it contained only 1.6 acres. Plaintiffs' petition alleged negligence by Danny James and Ruth Davidson for knowingly misrepresenting the " boundary lines behind the house and backyard[,]" which they relied upon and paid " $206,000.00 for the purchase of the home and [14-360 La.App. 3 ...


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