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Braveaux PM, LLC v. Thymes

Court of Appeals of Louisiana, Third Circuit

December 18, 2019

BRAVEAUX PM, LLC, ET AL.
v.
CARL GENE THYMES

          APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-20190295 HONORABLE JOHN D. TRAHAN, DISTRICT JUDGE

          Carl Gene Thymes In Proper Person COUNSEL FOR DEFENDANT/APPELLANT: Carl Gene Thymes

          Penny L. Malbrew John S. Troutman Liskow & Lewis COUNSEL FOR PLAINTIFFS/APPELLEES: Braveaux PM, LLC Sans Chevaux Investments, LLC

          Court composed of John D. Saunders, Shannon J. Gremillion, and John E. Conery, Judges.

          SHANNON J. GREMILLION, JUDGE.

         Defendant-appellant, Carl Gene Thymes, appeals the trial court judgment in favor of the plaintiffs-appellees, Braveaux PM, LLC and Sans Cheveaux Investments, LLC, evicting him for non-payment of rent. For the following reasons, we affirm.

         FACTUAL AND PROCEDURAL BACKGROUND

         In January 2019, the plaintiffs filed a "Petition for Possession of Leased Premises and Ex Parte Motion for Expedited Hearing and to Appoint Private Process Server," alleging that Thymes had failed to make monthly rental payments of $1, 003.00 for the months of August 2018 through January 2019 in accordance with the lease of a home in Lafayette, Louisiana. Concurrent with the execution of the lease on August 24, 2017, Thymes paid a $15, 000.00 non-refundable payment for the option to purchase the leased premises upon expiration of the lease contingent upon him fully performing the terms of the lease. The parties executed a Louisiana Residential Agreement to Buy or Sell, which stated in the "Additional Terms and Conditions" section:

Buyer, named as Tenant, in the attached Lease Agreement, acknowledges this agreement is subject to that lease agreement and default of that lease agreement shall terminate Buyer's rights under this agreement. This contract is exclusive to CARL GENE THYMES and it is NOT TRANSFERRABLE or ASSIGNABLE to any other party. On Act of Sale, Buyer will receive FIFTEEN THOUSAND DOLLARS ($15, 000) credit for first payment that is otherwise NOT REFUNDABLE. Buyer will also receive credit for the principal portion of payment made in accordance with the attached amortization schedule.

         On January 16, 2019, Thymes filed a "Notice of Removal of Action under 28 U.S.C. & 1441(A) Federal Question to the Clerk of the Above-Entited [sic] Court," essentially requesting the return of his $15, 000.00 deposit and ten percent damages of $13, 900.00 for the plaintiffs' alleged breach of contract.[1]

         Thymes filed a variety of other motions in federal and state court, including a "Demand for Jury Trial" in federal court on January 22, 2019; a "Cross-Claim Pursuant to LA code Civ. Pro CCP 1071" in state court on January 23, 2019; an "Emergency Motion for Reconsideration Stay of Eviction Order Jurisdiction Also Stay Pending Appeal, Owner in Procession [sic]" in state court on January 24, 2019; a "Demand for Jury Trial" in federal court on January 24, 2019; a "Notice of Order Removing the Case Back to Federal Court Attachment as Exhibit (A)" in state court on January 25, 2019; an "Extraordinary Pleading Stay of Eviction Order State Court Action Demand for Jury Trial" in federal court on January 26, 2019; and an "Emergency Stay of Eviction Pending Appeal" in state court on February 1, 2019. All of the actions pending in federal court were dismissed for lack of subject matter jurisdiction.

         Following a trial on January 24, 2019, the trial court rendered a judgment of eviction in favor of the plaintiffs and against Thymes, for unpaid rent in the amount of $6, 018.00, $1, 760.00 in late fees, $6, 200.00 in attorney fees, judicial interest from the date of demand, and all costs of the proceeding. The trial court terminated the August 24, 2017 lease agreement. The plaintiffs filed a "Request for Warrant of Possession" in the Fifteenth Judicial District Court, urging that Thymes had not delivered possession of the residence within twenty-four hours in accordance with the January 24, 2019 judgment of eviction. The trial court signed the warrant of possession on January 28, 2019.

         Thymes filed a document ordering the stay of the eviction pending appeal in the fifteenth judicial district court which was denied by the trial court on February 1, 2019. On February 4, the Plaintiffs filed exceptions to Thymes' January 23, 2019 cross-claim.[2] On February 8, 2019, Thymes filed a "Motion Order for Mortgage & Tax Documents." Thymes filed a reply to Plaintiffs' exceptions on February 19, 2019. Thereafter, on February 25, 2019, Thymes filed a motion for recusal of Judge John Trahan, which was denied as untimely. On March 6, 2019, Thymes filed a "Notice of Appeal." On May ...


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