DEBORAH RIEDEL, INDIVIDUALLY, AND ON BEHALF OF HER MINOR CHILDREN, RACHEL RIEDEL AND JEREMY CANZONERI
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
E. Shields, Sr. Gretna, LA Counsel for Plaintiff/ Appellant,
Deborah Riedel, individually and on behalf of her minor
children Rachel Riedel and Jeremy Canzoneri
E. McAuliffe, Jr. Metairie, LA Counsel for Intervenor/
Appellee, State Farm Fire and Casualty Company
P. Baumgartner Covington, LA Counsel for
Defendants/Appellees, Frank Cali and Theresa Cali
I. Feduccia Hammond, LA Counsel for Defendants/Plaintiffs-in-
Reconvention/ Appellees, Frank Cali and Theresa Cali
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.
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.
AND PROCEDURAL HISTORY
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.
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.
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.
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
on May 9, 2014, the parties executed an Act of
Sale. At the time of closing, Riedel also signed
a Final Inspection Release, acknowledging that the
deficiencies cited in the ...