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.

Gaubert Oil Company, Inc. v. Bayou Fuel Marine and Hardware Supplies, Inc.

Court of Appeals of Louisiana, Fifth Circuit

October 23, 2019

GAUBERT OIL COMPANY, INC.
v.
BAYOU FUEL MARINE AND HARDWARE SUPPLIES, INC., ET AL

          ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 759-820, DIVISION "N" HONORABLE STEPHEN D. ENRIGHT, JR., JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLANT, GAUBERT OIL COMPANY, INC. Daniel A. Ranson Ryan C. Higgins

          COUNSEL FOR DEFENDANT/APPELLEE, JLH ENTERPRISES, L.L.C., JEAN LAFITTE HARBOR, L.L.C., JEAN LAFITTE MARINE, L.L.C. AND MARIA COUEVAS James L. Donovan, Jr.

          Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and John J. Molaison, Jr.

          JOHN J. MOLAISON, JR. JUDGE

         This is an appeal from the grant of a partial summary judgment in favor of several defendants in a revocatory action. The revocatory action is one of several claims asserted in a petition filed by Gaubert Oil Company Inc. (Gaubert) against numerous defendants as a result of a default on a promissory note. Gaubert asserts that property securing the promissory note was sold to a third party, increasing or causing the insolvency of the debtor. For the following reasons, we affirm the judgment.

         PROCEDURAL HISTORY

         On April 12, 2016, Gaubert filed a petition naming Bayou Fuel Marine and Hardware Supplies Inc. (Bayou Fuel), C&M Contractors, Inc. (C&M), Lafitte Real Estate, LLC (Lafitte Real Estate), Gulf Coast Bank and Trust Company (Gulf Coast), New Orleans Regional Business Development Loan Corporation (RLC), Jean Lafitte Harbor, LLC, Jean Lafitte Marine, LLC, JLH Enterprises, LLC, (JLH), Jacquelyn Daigle, Chad Daigle, and Jared Daigle as solidary defendants. JLH is the buyer of immovable and movable property that comprised a marina owned by Bayou Fuel, C&M and Lafitte Real Estate. Gulf Coast and RLC (collectively known as "the lenders") are lenders and hold mortgages and other security interests in the immovable and movable property as a result of the sale. Gaubert asserts an interest in certain property sold pursuant to a promissory note executed by Bayou Fuel.

         The petition states a claim for indebtedness on the promissory note made by Bayou Fuel, a revocatory action, enforcement of a security interest and purchaser liability. The petition claims that on March 3, 2016, Bayou Fuel, C&M and Lafitte Real Estate sold movable and immovable property to JLH, adversely affecting a security interest in the property held by Gaubert. The petition prays for a judgment against all defendants, who Gaubert asserts are solidary obligors, that includes the annulment of the sale and transfer of any property, the liquidation of the property and the annulment of any and all security interests held by the lenders resulting from the sale.

         Gaubert filed a motion for summary judgment against defendants Bayou Fuel, Jacquelyn Daigle, Jared Daigle and Chad Daigle (the Daigles) in the suit on the promissory note. On December 17, 2017, the trial court granted the summary judgment and reduced the debt to a money judgment. In that judgment, the trial court found that Bayou Fuel and the Daigles defaulted on a promissory note and were solidarily liable for payment to Gaubert in the amount of $609, 726.35 plus interest and attorney fees. That judgment was appealed to this Court.

         However, before the appeal was considered, the parties entered into a partial dation en paiement[1] on September 28, 2018. In the dation, the Daigles and Bayou Fuel acknowledged the total indebtedness of $1, 020, 120.33 and gave several pieces of immovable property with a combined total value of $728, 800 to Gaubert to partially satisfy the money judgment. The dation also established a deficiency on the money judgment of $291, 320.73. After the dation, the parties filed a joint motion to dismiss that appeal. This Court granted the motion dismissing the appeal on October 8, 2018. Gaubert Oil Company, Inc., v. Bayou Marine and Hardware Supplies, Inc., 18-225 (La.App. 5th Cir. 10/8/18).

         In a related appeal before this Court, Gulf Coast and RLC filed a motion for summary judgment, primarily arguing that a revocatory action cannot cancel a lender's mortgage. The trial court granted the summary judgment finding that a revocatory action only lies to revoke contracts between third parties and the obligor. The trial court also found that at the time of the sale, Lafitte Real Estate and C&M, two of the sellers, were not Gaubert's obligors. Bayou Fuel was the only obligor.

         Gaubert filed a motion for new trial which the trial court granted in part to clarify the original judgment. The trial court found that there is no genuine issue of material fact, and the lenders are entitled to judgment as a matter of law in the revocatory action with regard to Gaubert's request to directly annul the lenders' mortgages and security interests, and dismissed those claims with prejudice. The judgment further clarified that the court rejected Gaubert's assertion that the lenders' mortgages may be invalid based on a theory that Bayou Fuel, C&M and Lafitte Real Estate operated as a single business enterprise. However, the judgment makes it clear that nothing in the original judgment affects Gaubert's claim that Bayou Fuel, C&M, and Lafitte Real Estate operated as a single business enterprise and that each is a solidary obligor on the promissory note, and that nothing in the original judgment is meant to affect the ranking of any security interest. Gaubert appealed the original judgment. That matter is on appeal to this Court in a companion case, Gaubert Oil Company, Inc. v. Bayou Fuel Marine and Hardware Supplies, Inc., 19-120 (La.App. 5th Cir.), ___ So.3d ___.

         In this appeal, defendants, JLH (the buyer), LLC, Jean Lafitte Harbor, LLC and Jean Lafitte Marine, LLC, filed a motion for summary judgment in the main claim in the revocatory action. The trial court granted that motion and dismissed Gaubert's revocatory action against JLH, noting that the other two defendants were previously dismissed with prejudice from this case by a judgment dated November 27, 2018, and that a partial dation en paiement of property in the equivalent ...


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.