Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

A Caring Home Care Services, LLC v. De La Houssaye

Court of Appeals of Louisiana, Third Circuit

July 5, 2017

A CARING HOME CARE SERVICES, LLC
v.
RICHARD DE LA HOUSSAYE, ET AL.

         APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF ST. MARTIN, NO. 82, 374 HONORABLE ANTHONY THIBODEAUX, DISTRICT JUDGE

          Lucretia Pecantte Lucretia Pecantte & Associates, LLC Counsel for Plaintiff/Appellant:

          A Caring Home Care Services, LLC Kay Pitman Clark Attorney at Law Counsel for Defendant/Appellee: Janis de la Houssaye, individually and as executrix of the Succession of Richard de la Houssaye

          Court composed of Elizabeth A. Pickett, Phyllis M. Keaty, and D. Kent Savoie, Judges.

          PHYLLIS M. KEATY, JUDGE

         Plaintiff/Appellant, A Caring Home Care Services, LLC, appeals the trial court's judgment in favor of Defendant/Appellee, Janis de la Houssaye, individually and as executrix of the Succession of Richard de la Houssaye.[1] For the following reasons, the trial court's judgment is affirmed.

         FACTS AND PROCEDURAL BACKGROUND

         In this breach of contract matter, Janis signed an Employment Contractual Agreement with Caring Home on October 30, 2013, for home health care services for her husband, Richard, who suffered from early onset Alzheimer's disease.[2]Omar W. D. Pecantte, the Chief Executive Officer (CEO) of Caring Home, signed on its behalf. The contract obligated Caring Home "to provide basic independent living services" for "a minimum of 15 hours per week." Janis was obligated to "guarantee this contractual agreement for 36 months" and was "responsible for the full price of the contract in the event . . . [she] terminate[d] the agency's services for any reason." The contract was to "begin on October 24, 2013[, ] and end on October 24, 2016." On September 3, 2014, Janis advised Caring Home that she no longer wanted its services. In October 2014, Janis attempted to resume services; however, Caring Home did not respond to her attorney's request until December 15, 2014, at which time Janis had already secured other care for Richard. Richard passed away on March 23, 2016, and Janis was appointed as executrix of his succession.

         On February 19, 2015, Caring Home filed a Petition for Monies Due for Breach of Contract against the de la Houssayes. On March 9, 2015, the de la Houssayes filed their answer and reconventional demand. On January 11, 2016, Caring Home filed its answer to the de la Houssayes' reconventional demand. Following trial on September 20, 2016, the trial court ruled in favor of Janis and orally issued its reasons for judgment.[3] The trial court's written judgment was signed on September 23, 2016. Caring Home appealed the trial court's judgment.

         On appeal and in its sole assignment of error, Caring Home contends the trial court erred by dismissing all of its claims against the de la Houssayes. Janis has not filed an appellate brief in this matter.

         STANDARD OF REVIEW

         In Menard v. Stroy, 16-609, p. 3 (La.App. 3 Cir. 12/21/16), 210 So.3d 302, 304-05, this court discussed the applicable standard of review as follows:

"Factual findings of a trial court are reviewed under the manifest error-clearly wrong standard of review." Thibodeaux v. Comeaux, 11-127, p. 5 (La.App. 3 Cir. 6/15/11), 69 So.3d 674, 679 (citing Fontenot v. Patterson Ins., 09-669 (La. 10/20/09), 23 So.3d 259). An appellate court may not disturb a finding of fact unless the record establishes that a factual, reasonable ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.