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Forrester v. Bruno

Court of Appeals of Louisiana, Fourth Circuit

November 6, 2019

WILLIAM R. FORRESTER, JR. AND REGAN A. FORRESTER
v.
JOSHUA L. BRUNO

          APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2016-02574 C\W 2017-09024, DIVISION "F" Honorable Christopher J. Bruno, Judge

          KYLE SCHONEKAS MARIA G. MARKS SCHONEKAS, EVANS, McGOEY & McEACHIN, L.L.C. COUNSEL FOR PLAINTIFFS/APPELLEES

          THOMAS A. ROBICHAUX ATTORNEY AND COUNSELOR AT LAW COUNSEL FOR DEFENDANT/APPELLANT

          Court composed of Chief Judge James F. McKay III, Judge Daniel L. Dysart, Judge Joy Cossich Lobrano

          JAMES F. MCKAY, III CHIEF JUDGE

         This is the second appeal in these consolidated actions involving a boundary dispute and the issuance of a preliminary injunction. Defendant, Joshua Bruno ("Bruno"), appeals the January 15, 2019 judgment granting a Motion for Contempt for Violation of Preliminary Injunction, Motion to Enforce Existing Preliminary Injunction, and for Modification to Include Additional Injunctive Relief in favor of plaintiffs, Katherine McCool and Dean Smith (collectively, the "McCools")[1]. For the reasons set forth below, we affirm.

         STATEMENT OF FACTS AND PROCEDURAL HISTORY

         William and Regan Forrester (the "Forresters") have resided at 1442 Nashville Avenue in New Orleans since 1984. The McCools bought their home at 1458 Nashville Avenue in December 2014. In August 2015, Bruno purchased 1448 Nashville Avenue (the home that lies between the Forresters and the McCools). The Forresters and Bruno share a garage located in the rear of their properties and bounded by Garfield Street.

         In March 2016, the Forresters filed a Petition to Fix Boundary, alleging that Bruno encroached on their property beyond the boundaries set forth in his deed and survey. In September 2017, the McCools filed a Petition to Fix Boundary; Petition to Enjoin Criminal Trespass; Destruction of Immovable Property; Request for Treble Damages; and Request for Injunction. The two matters were consolidated.

         In May 2018, the Forresters amended their petition alleging that Bruno made verbal threats, intentionally damaged, altered or removed the Forresters' property, and continually encroached and trespassed on their property. The Forresters also sought a preliminary injunction against Bruno.

         The McCools filed a motion for preliminary injunction in May 2018, to enjoin Bruno, his agents, and guests from parking, trespassing and throwing items on their property and to prohibit Bruno from cursing, harassing, making obscene gestures, or threatening the McCools.

         The trial court heard testimony in the consolidated matters on May 22, 2018. In a judgment rendered on June 11, 2018, the McCools' motion for preliminary injunction was granted in part and denied in part, as follows:

• Kathryn McCool and Dean Smith's Motion for Preliminary Injunction is denied for the flowerbed/garden area.[2] (emphasis in original).
• Kathryn McCool and Dean Smith's Motion for Preliminary Injunction is granted insofar as Joshua Bruno is hereby ordered to cease all communications or contact with Kathryn McCool and Dean Smith. Any necessary communications must go through the parties' attorneys.
• Joshua Bruno is also prohibited from entering Ms. McCool's driveway, but may walk through the flowerbed/garden area as needed.
• Joshua Bruno is prohibited from allowing his workers to enter Ms. McCool's property or store their materials on her property.

         In a separate judgment rendered on June 14, 2018, the Forresters' motion for preliminary judgment was granted, prohibiting Bruno from the following

• Encroaching, entering or trespassing on the property of the plaintiffs at 1442 Nashville Avenue, New Orleans, Louisiana, which property is highlighted in yellow on the survey by Sam Z. Scandalias dated January 18, 1994, included in ...

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