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.

Riedel v. Fenasci

Court of Appeals of Louisiana, First Circuit

December 28, 2018

DEBORAH RIEDEL, INDIVIDUALLY, AND ON BEHALF OF HER MINOR CHILDREN, RACHEL RIEDEL AND JEREMY CANZONERI
v.
ANGIE FENASCI, HOLLIE REALTY, LX.C/REMAX NORTHSHORE, FRANK CALI, THERESA CALI, LANDON YARBOROUGH, COLD WELL BANKER BOBBY TALLO REALTY, ABC INSURANCE COMPANY, DEF INSURANCE COMPANY, GHI INSURANCE COMPANY, JKL INSURANCE COMPANY, MNO INSURANCE COMPANY, AND PQR INSURANCE COMPANY

          Appealed from the Twenty-First Judicial District Court In and for the Parish of Tangipahoa, State of Louisiana Docket Number 2015-0001349 Honorable Jeffrey S. Johnson, Judge Presiding

          James E. Shields, Sr. Gretna, LA Counsel for Defendant-in-Reconvention/ Appellant, Deborah Riedel

          John E. McAuliffe, Jr. Metairie, LA Counsel for Intervenor/ Appellee, State Farm Fire and Casualty Company

          Samuel P. Baumgartner Covington, LA Counsel for Defendants/Appellees, Frank Cali and Theresa Cali

          John I. Feduccia Hammond, LA Counsel for Defendants/Plaintiffs-in- Reconvention/ Appellees, Frank Cali and Theresa Cali

          Gary J. Giepert Jonathan S. Giepert New Orleans, LA Counsel for Defendants/ Appellees, Angie Fenasci and Hollie Realty

          Michael P. Bienvenu Baton Rouge, LA Counsel for Defendants/ Appellees, Landon Yarborough and Bobby Tallo Realty

          BEFORE: WHIPPLE, C.J., McCLENDON, AND HIGGINBOTHAM, JJ.

          WHIPPLE, C.J.

         This matter is before us on appeal by defendant-in-reconvention, Deborah Riedel, from a judgment of the trial court granting summary judgment in favor of plaintiffs-in-reconvention, Frank and Theresa Cali. For the reasons that follow, we affirm the judgment of the trial court.

         FACTS AND PROCEDURAL HISTORY[1]

         On April 25, 2014, Riedel, with the assistance of real estate agent Angie Fenasci, entered into a purchase agreement for a condominium located at 2700 Rue St. Martin, Unit A, in Hammond, Louisiana, that was owned by Frank and Theresa Cali.[2] On that same date, Riedel also completed an "Owner Finance Application" to secure potential financing for her purchase of the property from the Calis.[3]

         Following a home inspection of the property by Dale Brunet of Brunet's Home Inspection, LLC, Riedel executed a promissory note and credit deed (mortgage) on May 9, 2014, through which she purchased the property from the Calis for the sum of $67, 500.00. Riedel paid a down payment of $25, 000.00 and financed the balance of $42, 500.00 with the Calis with interest of 6.75% until paid in full via an owner-financed promissory note. According to the terms of the note, Riedel was to make 240 equal monthly installments of $323.15 each, commencing June 1, 2014, and on the same day of each month thereafter, until paid.

         Riedel contends that after moving into the home, she detected moisture and smelled a "strong odor" that worsened each day, and that she and her children "began feeling very ill and developed illnesses." Thereafter, on May 6, 2015, Riedel individually, and on behalf of her minor children, filed a petition for damages against the Calis, Yarborough, Coldwell Banker Bobby Tallo Realty, L.L.C., Fenasci, and Hollie Realty, L.L.C./RE/MAX Northshore, asserting claims of fraud and misrepresentation and contending that they "had to have known" about the moisture and mold in the home before it was sold. Specifically, Riedel asserted breach-of-fiduciary-duty claims against Frank Cali, Landon Yarborough, and Angle Fenasci as licensed agents and breach of contract claims and "re-habitation violations" against Frank and Theresa Cali as owners of ...


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.