FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO.
255, 740 HONORABLE PATRICIA EVANS KOCH, DISTRICT JUDGE
M. Savoie, Jr. Attorney at Law P. O. COUNSEL FOR
Doyle Rogers Thomas R. Willson Attorney at Law COUNSEL FOR
Deloach Construction, LLC Mike DeLoach Robin L. Hooter Clerk,
Ninth Judicial District P. O. COUNSEL FOR DEFENDANT/APPELLEE:
Robin L. Hooter, Rapides Parish Clerk.
composed of Marc T. Amy, Billy Howard Ezell, and Shannon J.
SHANNON J. GREMILLION JUDGE.
defendants-appellants, Mike Deloach Construction, LLC and
Mike Deloach individually (Deloach), appeal the judgment of
the trial court finding that Deloach's labor lien failed
to conform to La.R.S. 9:4822 in that it did not reasonably
itemize the amounts it sought to preserve. For the following
reasons, we affirm.
AND PROCEDURAL BACKGROUND
plaintiff-appellee, Lacy Doyle Rogers, hired Deloach to
construct a home on a tract of land she owns in Rapides
Parish. Rogers failed to pay, and Deloach filed a labor and
materialman's lien in the Rapides Parish Clerk of
Court's office in the amount of $65, 553.82 pursuant to
the Louisiana Public Works Act found in La.R.S. 9:4801 et
seq. In May 2016, Rogers filed a "Petition for Mandamus
to Cancel and Erase Inscription of Privilege, " urging
that Deloach failed to file his construction contract with
the clerk of court and, therefore, failed to preserve his
contractor's privilege pursuant to La.R.S.
a hearing, the trial court's 2016 judgment granted
Rogers' petition for mandamus to cancel and erase
inscription of privilege and to cancel and remove the labor
and materialman's lien recorded in Mortgage Book 2899 at
page 854 in the Rapides Parish Clerk of Court's office.
The trial court found the lien failed to reasonably itemize
the amount owed to Deloach, stating that "the flooring
item is duplicative and the attempt to clarify the total debt
owed to Deloach by the affidavit does not clarify the
information on the lien or assist in a 'reasonable
itemization.'" Deloach now appeals and assigns as
error the trial court's grant of Rogers' request to
cancel the lien.
Revised Statutes 9:4822(G)(4) (emphasis added) provides that
a statement asserting a claim or privilege:
Shall set forth the amount and nature of the obligation
giving rise to the claim or privilege and reasonably
itemize the elements comprising it including the person
for whom or to whom the contract was performed, material
supplied, or services rendered. The provisions of this
Paragraph shall not require a claimant to attach copies of
unpaid invoices unless the statement of claim or privilege
specifically states that the invoices are attached.
evidence in the record includes the initial labor and
materialman's lien filed by Deloach in October 2015,
which states that "there is an outstanding balance in
the amount of $65, 553.82." The lien sets forth
twenty-seven distinct line items, including labor and
materials for the construction of Rogers' home. However,
a July 2016 affidavit of Michael Deloach submitted into the
record states that "the amount of the funds owed by
Lacey Rogers for the work performed and material supplied by
him is in the amount of $45, 119.00, " and "That