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, L.L.C./REMAX NORTHSHORE, FRANK CALI, THERESA CALI, LANDON YARBOROUGH, COLDWELL 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, Louisiana Docket Number 2015-0001349 Honorable Jeffrey S. Johnson, Judge Presiding

          James E. Shields, Sr. Gretna, LA Counsel for Plaintiff/ Appellant, Deborah Riedel, individually and on behalf of her minor children Rachel Riedel and Jeremy Canzoneri

          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 Michael P. Bienvenu Baton Rouge, LA Counsel for Defendants/Appellees, Angie Fenasci and Hollie Realty, L.L.C./ReMax Northshore Counsel for Defendants/ Appellees, Landon Yarborough and Bobby Tallo 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 is an appeal by plaintiff, Deborah Riedel, individually, and on behalf of her minor children, Rachel Riedel and Jeremy Canzoneri, from a judgment of the trial court granting summary judgment in favor of defendants, Angela Fenasci and Hollie Realty, L.L.C./RE/MAX Northshore ("Hollie Realty"), and dismissing Riedel's claims against them with prejudice. For the following reasons, we recall our show cause order and affirm.

         FACTS AND PROCEDURAL HISTORY

         This matter arises from the sale of a condominium in Hammond, Louisiana in 2014. Riedel had sought the assistance of real estate agent Angela Fenasci, who was employed by Hollie Realty, in purchasing a home. Riedel told Fenasci that she had owned many homes in the past, that she had "fixed them up" and sold them, and, thus, that a home that needed some work would be acceptable. Riedel discovered the particular condominium at issue through an internet search and requested that Fenasci work with her to view the property. The condominium was owned by Frank and Theresa Cali and was listed for sale by Coldwell Banker.

         After viewing the condominium with Fenasci, Riedel entered into a "Louisiana Residential Agreement to Buy or Sell" ("purchase agreement") on April 25, 2014. The purchase agreement contained a "Sale 'As Is' Without Warranties" provision, stating that the property was being sold and purchased in "as is" condition and that Riedel waived all claims against the seller in redhibition or for reduction of the sales price and further stating that Riedel acknowledged that the sale was made without warranty of fitness for ordinary or particular use. Pursuant to the purchase agreement, the parties also agreed that the "Sale 'As Is' Without Warranties" provision would be made part of the Act of Sale.

         Prior to the sale, Dale Brunet of Brunet's Home Inspection, L.L.C, conducted a home inspection on April 30, 2014. Fenasci scheduled and attended the home inspection with Riedel's approval. Riedel did not attend. The next day, May 1, 2014, Brunet emailed a copy of the Home Inspection Report he prepared to Fenasci, listing thirty-three "discrepancies" that he found during the inspection. Within minutes of receiving the email, Fenasci forwarded Brunet's email with the attached Home Inspection Report to Riedel.

         Although Riedel contends in this litigation that she was unable to open the Home Inspection Report attached to the email from Fenasci, Riedel signed a Property Inspection Response the next day, May 2, 2014, in which she requested that the sellers repair certain discrepancies that had been listed in the Home Inspection Report, including replacing a leaking shower head and caulking the leaking tub in the master bathroom.

         Thereafter, on May 9, 2014, the parties executed an Act of Sale.[1] At the time of closing, Riedel also signed a Final Inspection Release, acknowledging that the deficiencies cited in the ...


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.