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Nunez v. Pinnacle Homes, L.L.C.

Court of Appeal of Louisiana, Third Circuit

December 17, 2014

JENNIFER DIANE NUNEZ
v.
PINNACLE HOMES, L.L.C. AND SUA INSURANCE COMPANY

Editorial Note:

This Decision is not final until expiration of the fourteen day rehearing period.

APPEAL FROM THE THIRTY-EIGHTH JUDICIAL DISTRICT COURT, PARISH OF CAMERON, NO. 10-18501. HONORABLE PENELOPE RICHARD, JUDGE.

AFFIRMED.

John C. Anderson, Baton Rouge, LA, COUNSEL FOR DEFENDANTS-APPELLANTS: Pinnacle Homes, L.L.C. and Allen Lenard.

J. Bryan Jones, III, Lake Charles, LA, COUNSEL FOR PLAINTIFF-APPELLEE: Jennifer Diane Nunez.

Court composed of John D. Saunders, Marc T. Amy, and J. David Painter, Judges. Amy, J., dissents and assigns reasons.

OPINION

Page 72

ON REMAND FROM THE LOUISIANA SUPREME COURT

[13-1302 La.App. 3 Cir. 1] PAINTER, Judge.

This matter has been remanded to this court by the Louisiana Supreme Court with instructions to consider its holdings in Ogea v. Merritt, 13-1085 (La. 12/10/13), 130 So.3d 888. After considering Ogea, we again affirm.

FACTS

In written reasons for judgment, the trial court correctly outlined the underlying facts of the case as follows:

On January 8, 2008, JENNIFER DIANE NUNEZ and PINNACLE HOMES, LLC entered into a Cost Plus Contract - Fixed Fee contract for the construction of a new home located on 111 Boudreaux Lane, in the Grand Lake area, in Cameron Parish, Louisiana. The fixed fee of the contract was $33,748.00, and the pre-construction estimate of the construction costs was

Page 73

$277,772.00. (See Plaintiff s Exhibit No. 4).
Pertinent provisions of the construction contract are located in Section 4.2 and Section 4.4. Section 4.2 of the contract, provides that " [a]ll work shall be completed in a workman like manner, and shall comply with all applicable national, state and local building codes and laws." Section 4.4 provides that " [c]ontractor shall obtain all permits necessary for the work to be completed."
. . . .
Accu-Line Surveying, Inc.[] prepared an updated elevation certificate on or about September 18, 2007, which is dated March 12, 2006, which indicated that the Base Flood Elevation was 9.0 feet and Advisory Base Flood Elevation was 10.0 feet for the Nunez home. (See Plaintiff's Exhibit. No. 1). The elevation certificate also included the lowest adjacent grade at 4.61 feet and the highest adjacent grade at 5.48 feet.
According to the testimony of Ernestine Horn, Cameron Parish Administrator, the base flood elevation is required by FEMA and the advisory base flood elevation is required by the parish. After Hurricane Rita, the State of Louisiana mandated all coastal parishes, including Cameron Parish, to add one (1) foot to all of the ...

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