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International Carriers, Inc. v. Pearl River Navigation, Inc.

Court of Appeals of Louisiana, Fourth Circuit

April 15, 2015

INTERNATIONAL CARRIERS, INC., ET AL.
v.
PEARL RIVER NAVIGATION, INC., ET AL

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH. NO. 2004-06949, DIVISION " G-11" . Honorable Robin M. Giarrusso, Judge.

Tracey T. Powell, POWELL & ASSOCIATES, L.L.C., Slidell, LA, COUNSEL FOR APPELLANTS, WATERFRONT DEVELOPERS, LLC AND JOSH JONES.

D. Rex English, Slidell, LA, COUNSEL FOR APPELLANTS, JJK& A HOLDINGS CORP. AND JOHN FAYARD.

Darrell R. Sims, LAW OFFICES OF DARRELL R. SIMS, LLC, Covington, LA, COUNSEL FOR DEFENDANTS/APPELLANTS, JAMES MOORE, PAMELA MOORE AND LANDMAN LLC.

Court composed of Chief Judge James F. McKay, III, Judge Dennis R. Bagneris, Sr., Judge Sandra Cabrina Jenkins.

OPINION

Page 1115

[2014-1189 La.App. 4 Cir. 1] Dennis R. Bagneris, Sr., Judge.

This is an appeal from a concursus proceeding. The appellants, Josh Jones and Waterfront Developers (collectively, " Jones" ); John Fayard and JJK& A Holding Corporation (collectively, " Fayard" ); and James Moore, Pamela Moore and Landman, LLC (collectively, " Moore" ) were the only claimants to assert entitlement to funds deposited in the registry of the court by Pearl River Navigation (" PRN" ) in connection with the sale of property acquired through the City's Sale of Adjudicated Properties (" SOAP" ) program.[1] Their appeal argues that the trial court erred in awarding the bulk of the funds to the City, a non-party to the concursus proceeding. For the reasons that follow, we vacate the judgment and remand to the trial court for further proceedings consistent with this opinion.

FACTS/PROCEEDINGS BELOW

This dispute relates back to October 10, 2003 when Moore entered a contract with Fayard to acquire commercial properties from the City through its SOAP program.

Page 1116

The agreement required Moore to identify SOAP properties for purchase and for Fayard to provide all the necessary funding for the acquisition. The properties would be titled in the name of Fayard's company, JJK& A. Moore and Fayard would share net profits of any re-sale on a 50-50 basis after Fayard's costs were reimbursed.

[2014-1189 La.App. 4 Cir. 2] In connection with this agreement, Moore submitted a SOAP application to the City for the property that is the subject of this dispute, 19759 Chef Menteur Highway (hereinafter, " the property" ). The City issued a preliminary approval letter on December 19, 2003 in the name of JJK& A. In order to finalize the sale, the City required JJK& A to pay all costs of appraisal, legal fees, recording fees, and one-half of the appraised value of the property. The appraised value in this instance was $80,000.00-which meant the City's purchase price was $40,000.00

Moore alleged that Fayard balked at putting up the $40,000.00; consequently, he approached Jones and his company with the deal. On January 5, 2005, Moore and Jones entered into a contract to acquire the same property. Their agreement also required Jones to the pay costs associated with the property's acquisition and that net profits from their sale of the property would be shared on a on a 50-50 basis.

Jones and his wife, Elizabeth " Becky" Jones, a real estate agent with Keller Williams Realty, located a buyer, PRN. PRN agreed to purchase the property from Moore and Jones once they acquired the property from the City. On January 7, 2004, Mrs. Jones executed a Dual Agency Disclosure Agreement amongst Jones, ...


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