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Richmond v. McArthur

Court of Appeal of Louisiana, Third Circuit

February 4, 2015

PATRICK A. RICHMOND
v.
JEAN E. McARTHUR

APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, DOCKET NO. 246,567. HONORABLE HARRY F. RANDOW, DISTRICT COURT JUDGE.

AFFIRMED.

Thomas R. Willson, Alexandria, Louisiana, COUNSEL FOR PLAINTIFF/APPELLANT: Patrick A. Richmond.

Brian K. Thompson, Law Offices of Brian K. Thompson, APLC, Alexandria, Louisiana, COUNSEL FOR DEFENDANT/APPELLEE: Jean E. McArthur.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, James T. Genovese, and David Kent Savoie, Judges.

OPINION

[14-857 La.App. 3 Cir. 1] GENOVESE, Judge.

In this property case, Plaintiff, Patrick A. Richmond, appeals the trial court's judgment dismissing his possessory action[1] by granting an exception of prescription filed by Defendant, Jean E. McArthur. For the following reasons, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The subject of this appeal is a tract of land consisting of approximately 5.855 acres in Section 13, Township 1 North, Range 3 West, Rapides Parish, Louisiana. On January 30, 2013, Mr. Richmond filed a Petition for Possession and Declaratory Judgment, asserting that he and his ancestors in title had possession of the subject property in excess of thirty years. In his petition, Mr. Richmond alleged that Jean E. McArthur disturbed his peaceable possession by " attempting to sell the subject property."

Ms. McArthur filed an Answer and Reconventional Demand on February 7, 2013. Therein, Ms. McArthur denied the allegations in Mr. Richmond's petition and, in

Page 1140

turn, alleged that she acquired the subject property " by virtue of a Sheriff's Deed in the captioned matter Barron A. McArthur v. Gary Love, et al.; Civil Docket # 231,687 " G" ; 9th Judicial District Court for Rapides Parish, [ Louisiana ], filed August 9, 2009[.]" Ms. McArthur asserted that Mr. Richmond " and/or his agents have trespassed upon [her] property . . . and effectively prevented her from marketing her property for prospective buyers who have made offers to purchase[.]" [14-857 La.App. 3 Cir. 2] Ms. McArthur sought damages from Mr. Richmond for " actions by [him] resulting in the delays and inability to market her property."

On February 14, 2014, Ms. McArthur filed Peremptory Exceptions of Prescription and No Right of Action, asserting that Mr. Richmond's possessory action had prescribed and that Mr. Richmond had no right of action " due to seizure of the premises by the Rapides Parish Sheriff through [a] court[-]ordered partition by licitation." Ms. McArthur asserted that Mr. Richmond's possessory action was prescribed since he filed it on January 30, 2013; yet, in his deposition, Mr. Richmond " admitted . . . that the initial disturbance of his alleged quiet and peaceable enjoyment occurred in 2009." Thus, Ms. McArthur submitted that Mr. Richmond's possessory action was prescribed pursuant to La.Code Civ.P. art. 3658.[2] Ms. McArthur offered into evidence the relevant portions of Mr. Richmond's deposition and the affidavit of her realtor and listing agent, Colt James, in support of her contention that Mr. Richmond's possessory action had prescribed.

[14-857 La.App. 3 Cir. 3] Relative to her exception of no right of action, Ms. McArthur asserted that Mr. Richmond had " no right of action to a possessory action based upon the actions taken in Civil Suit # 231,687 captioned Barron A. McArthur v. Gary Love and Jean McArthur." In support of her contention that Mr. Richmond had no right of ...


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