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Brockman v. Monet Acres Ltd. P'ship I

Court of Appeal of Louisiana, Third Circuit

May 6, 2015

RALPH W. BROCKMAN
v.
MONET ACRES LIMITED PARTNERSHIP I, RENOIR ACRES LIMITED PARTNERSHIP I, REGIONS BANK, AAMAGIN PROPERTY GROUP, L.L.C., WJ BELTON COMPANY, L.L.C., AND WILLIAM J. BELTON

Editorial Note:

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

APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 2013-3759, DIVISION " A" HONORABLE DAVID KENT SAVOIE, DISTRICT JUDGE.

Arthur R. Thomas, Ernest L. Johnson, Arthur R. Thomas & Associates, LLC, Baton Rouge, Louisiana, COUNSEL FOR DEFENDANTS/APPELLANTS: Monet Acres Limited Partnership I and Renoir Acres Limited Partnership I.

David F. Dwight, Dwight Law Firm, L.L.C., Lake Charles, Louisiana, COUNSEL FOR DEFENDANTS/APPELLANTS: Monet Acres Limited Partnership I and Renoir Acres Limited Partnership I.

Brady D. King, II, April L. Martin, McNew, King, Burch & Landry, LLP, Monroe, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE: Ralph W. Brockman.

Court composed of Marc T. Amy, James T. Genovese, and John E. Conery, Judges.

OPINION

Page 949

[14-1302 La.App. 3 Cir. 1] GENOVESE, Judge.

In this subrogation suit, prior counsel for Defendants, Monet Acres Limited Partnership I (Monet) and Renoir Acres Limited Partnership I (Renoir), appeal the trial court's grant of a Motion to Substitute Counsel for Defendant, which ordered that Attorney David F. Dwight be substituted as counsel for these Defendants in place of Arthur R. Thomas and Ernest L. Johnson and the law firm of Arthur R. Thomas & Associates, LLC.[1] For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

Plaintiff, Ralph W. Brockman, filed a pleading titled Suit in Subrogation on Note and Guaranties, Recognition of Mortgage and Security Interests, and for Declaratory Judgment, naming Monet and Renoir as Defendants, among others.[2] Mr. Brockman, as a guarantor of the obligations incurred by Monet with Regions Bank (Regions), paid $351,512.59 plus interest, for a total of $358,249.92, to Regions upon Monet's default. As a result of these payments, Mr. Brockman contended that he was subrogated to the rights of Regions against Monet and entitled to the security held by Regions for Monet's obligations. He sought repayment from Monet of $351,512.59, plus interest and attorney fees. Also, in his capacity as guarantor, upon Renoir's default of its obligation to Regions, Mr. Brockman paid $350,601.56 plus interest, for a total of $357,321.43, to Regions. Mr. Brockman likewise asserted

Page 950

his subrogation rights against Renoir [14-1302 La.App. 3 Cir. 2] and sought repayment of $350,601.56, plus interest and attorney fees from Renoir. Mr. Brockman also prayed for recognition and enforcement of the mortgages securing the indebtedness of Monet and Renoir. Finally, Mr. Brockman named Regions as a Defendant and sought a judicial declaration that Regions must turn over all original notes, security devices, and mortgage agreements evidencing said indebtedness and that it be precluded from ...


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