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Roubion Shoring Co., LLC v. Crescent Shoring, L.L.C.

Court of Appeals of Louisiana, Fifth Circuit

May 17, 2017

ROUBION SHORING COMPANY, LLC AND ROUBION CONSTRUCTION CO., L.L.C.
v.
CRESCENT SHORING, L.L.C., CHRISTOPHER LYTLE, ALAN J. TUCKER & THOMAS H. O'NEIL ROUBION CONSTRUCTION CO., L.L.C.
v.
CATINA CURTIS AND MARVIN CURTIS, MICHELET PAUL AND OLGATH AUGUSTIN PAUL, TRENA M. LAFRANCE, YVETTE HOPKINS AND CORNELIUS HURST, SABRINA MORRISON AND JAMES L. POLLARD, CONNIE WALKER AND GREGORY FRANCIS WILSON, SR., JOYCE LEGAUX AND GERALD LEGAUX, LORRAINE MCELWEE AND JOHN MCELWEE, ELLA STANFORD AND WILLARD STANFORD, LATOYA HILLS AND SHANE LAGARDE, SR., AND ROLAND RODNEY

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 729-195 C/W 737-093, DIVISION "P" HONORABLE LEE V. FAULKNER, JR., JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLANT, ROUBION CONSTRUCTION COMPANY, L.L.C. Andrea V. Timpa Kyle Schonekas Thomas M. McEachin Teva Sempel Raymond B. Landry

          COUNSEL FOR DEFENDANT/APPELLEE, ROLAND RODNEY Andrea M. Jeanmarie

          Panel composed of Fredericka Homberg Wicker, Robert M. Murphy, and Stephen J. Windhorst

         JUDGMENT VACATED AND REMANDED

         RMM

         FHW

         SJW

          ROBERT M. MURPHY JUDGE

         Plaintiffs, Roubion Shoring Co., LLC and Roubion Construction Co., LLC, (hereinafter "Roubion"), have appealed the trial court's grant of defendant, Roland Rodney's exceptions of No Cause of Action, No Right of Action and Prescription. For the reasons that follow, we vacate the judgment granting the exceptions and remand for further proceedings.

         FACTS AND PROCEDURAL HISTORY

         After Hurricanes Katrina and Rita, Mr. Rodney, along with numerous other local residents, obtained a grant from the Louisiana State Hazard Mitigation Program to elevate his home. Crescent Shoring, LLC, ("Crescent"), was one of the contractors performing home elevation for homeowners that received grant money to elevate their homes. On January 30, 2009, Mr. Rodney[1] entered into a contract with Crescent Shoring, LLC, (hereinafter "Crescent"), to elevate his home located at 3125 Keithway Drive, Harvey, Louisiana. On January 26, 2012, Crescent entered into a contract with Roubion as a subcontractor to assist in performing the work under the contract. Roubion performed services under the subcontractor agreement and although Crescent was paid for much of the work performed by Roubion, Crescent did not pay Roubion.

         On April 4, 2013, Roubion filed and recorded liens against several homeowners, including Mr. Rodney, for services rendered by Roubion in connection with elevating the homes. On April 3, 2014, Roubion filed a Petition to Enforce Liens against these homeowners, including Mr. Rodney, in a suit bearing 24th Judicial District Court number 737-093. On August 4, 2014, Mr. Rodney filed Exceptions of No Right of Action, No Cause of Action, and Prescription, Improper Cumulation of Actions, and Failure to Include Indispensable Parties. Before all of these exceptions could be heard, [2] this matter was transferred to another division of the 24th Judicial District Court, where it was consolidated with a suit entitled Roubion v. Crescent Shoring, LLC, bearing 24th Judicial District Court number 729-195. On December 8, 2015, Mr. Rodney filed a second pleading entitled Exceptions of No Right of Action, No Cause of Action, and Prescription, Improper Cumulation of Actions, and Failure to Include Indispensable Parties. Following a hearing on these motions, in a judgment dated March 16, 2016, the trial court sustained the Exceptions of No Cause of Action, No Right of Action and Prescription, denied the Exception of Improper Cumulation of Actions, [3] and found the Exception of Failure to Include Indispensable Parties to be moot. On March 30, 2016, Roubion filed a Motion for New Trial, arguing that the March 16, 2016 judgment was contrary to law and evidence. Following a hearing, by judgment dated May 18, 2016, the trial court denied the Motion for New Trial. On June 17, 2016, Roubion filed a Motion and Order of Appeal of the May 18, 2016 judgment. The motion was granted that same day.

         LAW ...


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