FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF ST.
MARTIN, NO. 82, 374 HONORABLE ANTHONY THIBODEAUX, DISTRICT
Lucretia Pecantte Lucretia Pecantte & Associates, LLC
Counsel for Plaintiff/Appellant:
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
composed of Elizabeth A. Pickett, Phyllis M. Keaty, and D.
Kent Savoie, Judges.
PHYLLIS M. KEATY, JUDGE
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. For the following reasons, the trial
court's judgment is affirmed.
AND PROCEDURAL BACKGROUND
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.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.
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. The trial court's written judgment was
signed on September 23, 2016. Caring Home appealed the trial
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.
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 ...