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Hancock v. Lauzon

Court of Appeal of Louisiana, Second Circuit

January 14, 2015

COURTNEY B. HANCOCK AND ELIZABETH A. HANCOCK, Plaintiffs-Appellants
v.
BRYAN LAUZON, AKRAM ABDALLA AND FRANCESCA MCLELLAND, Defendants-Appellees

Page 958

Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana. Trial Court No. 568462. Honorable Ramon Lafitte, Judge.

REVERSED.

SIMMONS, MORRIS & CARROLL, By: Brandon Trey Morris, G. Adam Savoie, Counsel for Appellants.

SHUEY SMITH, By: Richard E. Hiller, Counsel for Appellees Bryan Lauzon & Akram Abdalla.

MAYER, SMITH & ROBERTS, By: Deborah Shea Baukman, Counsel for Appellee Francesca McLelland.

Before STEWART, LOLLEY and GARRETT, JJ.

OPINION

Page 959

[49,535 La.App. 2 Cir. 1] LOLLEY, J.

Plaintiffs, Courtney and Elizabeth Hancock, appeal a judgment of the First Judicial District Court, Parish of Caddo, State of Louisiana, granting summary judgment in favor of defendants, Bryan Lauzon, Akram Abdalla, and their real estate agent, Francesca McLelland. Finding genuine issues of material fact, we reverse the trial court's judgment.

Facts

This case arises out of the sale of a 100-year old house located at 532 Jordan Street in the Historic Highland District of Shreveport, Louisiana (" the property" ). Bryan Lauzon and Akram Abdalla (" the sellers" ) purchased the property in March 2011 and undertook the task of renovating and reselling it for a profit.

During the renovation process, the backyard of the property flooded. As a precautionary measure, the sellers were advised by their real estate agent, Francesca McLelland (" the agent" ), to install an outdoor sump pump to alleviate any water issues that would arise in the future. The sellers maintained that this was the only time that a large amount of water accumulated in the backyard during the time that they owned the property.

Beginning in November 2012, Courtney and Elizabeth Hancock (" the buyers" ) became interested in purchasing the property, and with the aid of their real estate agent, Karen Hoell, three visual inspections were conducted. The buyers also reviewed the Multiple Listing Service (" MLS" ) report on the property, ...


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