BRAVEAUX PM, LLC, ET AL.
CARL GENE THYMES
FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF
LAFAYETTE, NO. C-20190295 HONORABLE JOHN D. TRAHAN, DISTRICT
Gene Thymes In Proper Person COUNSEL FOR DEFENDANT/APPELLANT:
Carl Gene Thymes
L. Malbrew John S. Troutman Liskow & Lewis COUNSEL FOR
PLAINTIFFS/APPELLEES: Braveaux PM, LLC Sans Chevaux
composed of John D. Saunders, Shannon J. Gremillion, and John
E. Conery, Judges.
SHANNON J. GREMILLION, JUDGE.
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.
AND PROCEDURAL BACKGROUND
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"
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.
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.
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
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
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. 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 ...