SCOTT G. WOLFE, SR.
APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH. NO. 2013-06140, DIVISION " M". Honorable Paulette R. Irons, Judge.
Bradley Aldrich, Matt Thomas, WOLFE LAW GROUP, L.L.C., New Orleans, LA, COUNSEL FOR PLAINTIFF/APPELLANT.
Robert G. Harvey, Sr., LAW OFFICE OF ROBERT G. HARVEY, SR., APLC, New Orleans, LA, COUNSEL FOR DEFENDANT/APPELLEE.
Court composed of Judge Edwin A. Lombard, Judge Roland L. Belsome, Judge Rosemary Ledet.
Edwin A. Lombard, J.
[2014-0974 La.App. 4 Cir. 1] The Appellant, Scott G. Wolfe, Sr., seeks review of the June 26, 2014 judgment of the trial court granting the " Motion to Impose Liquidated Damages Pursuant to Breach of November 15, 2013 Settlement Agreement" of the Appellee, Omar Hamdan, and awarding him $5,000 in liquidated damages and $1,500 in attorney's fees. Finding that the judgment of the trial court is not manifestly erroneous or clearly wrong, we affirm.
Facts and Procedural History
This appeal involves a dispute over whether liquidated damages and attorney's fees were properly awarded to Mr. Hamdan pursuant to a November 15, 2013 Settlement Agreement executed by the parties. From 2007 to 2009, the parties had a business relationship that involved Mr. Hamdan renting immovable property from Mr. Wolfe in Orleans Parish. Their business relationship later ended in November 2009, as a result of alleged threatening statements made by Mr. Hamdan to Mr. Wolfe.
Mr. Wolfe avers that in 2012, he had several meetings with federal law enforcement agents who advised him that Mr. Hamdan was making threats on his [2014-0974 La.App. 4 Cir. 2] life and the life of his family. He further alleges that he received information from third parties that he was in danger of physical harm and acted to protect himself and his family.
In June 2013, Mr. Wolfe filed a Petition for Preliminary Injunction and Final Injunction against Mr. Hamdan. He pled that he had a good faith fear for his personal safety and that he feared potential physical injury. He requested an injunction prohibiting Mr. Hamdan from having further contact with him, and prohibiting Mr. Hamdan from being within 100 feet of him. In response, Mr. Hamdan filed an Answer, Reconventional Demand, Motion to Strike, Motion to Dismiss Petition, and a Request for Live Testimony with supporting affidavits. Prior to the filing of Mr. Wolfe's injunction, the parties were involved in contentious litigation involving Mr. Wolfe's ownership of immovable property located in Orleans Parish.
On September 18, 2013, the trial court held an evidentiary hearing on Mr. Wolfe's request for an injunction. At the conclusion of the hearing, the matter was left open and continued without date, but ...