Donald Foret, Jr.
Neil J. Daigle
Appealed from the Twenty -Third Judicial District Court In
and for the Parish of Assumption State of Louisiana Docket
Number 36, 487 Division "B" The Honorable Thomas J.
Kliebert, Judge Presiding.
Barbara L. Irwin ATTORNEYS FOR APPELLANT/APPELLEE, Timothy E.
Pujol DEFENDANT/ PLAINTIFF- IN- RECONVENTION: Matthew W.
Pryor Neil J. Daigle Gonzales, Louisiana.
Justin Cormier, III ATTORNEYS FOR APPELLANTS/ APPELLEES,
Belle Chasse, Louisiana PLAINTIFFS/ DEFENDANTS-
INRECONVENTION: Donald Foret, Jr. and Kenneth J. Dupaty
Sandra Maxey Foret Gonzales, Louisiana.
A. Marchand, III ATTORNEY FOR APPELLEE, Donaldsonville,
Louisiana DEFENDANT -IN -RECONVENTION: Lawrence Gros.
Before: McClendon, Welch, and Holdridge, JJ.
breach of contract suit on a lease with an option to
purchase, the lessee filed a reconventional demand against
the lessors for breach of contract; temporary restraining
order; injunctive relief; and damages for unlawful eviction.
The lessee also raised a Louisiana Unfair Trade Practices Act
("LUTPA") violation claim. Following a trial on the
merits of the lessee's reconventional demand for damages
for unlawful eviction, the trial court found in favor of the
lessee and against one of the lessors, awarding $7, 500.00 in
damages and $5, 000.00 in attorney's fees. The lessee now
appeals the amount of damages awarded as well as the trial
court's failure to find a violation of LUTPA. The lessor
also appeals, arguing that he did not unlawfully evict the
lessee because he had grounds to dissolve the lease. For the
following reasons, we dismiss the appeals for lack of
and Procedural History
August 30, 2017, with the intent to operate a bar and
restaurant, Neil J. Daigle, the owner of Sparky's Bar
& Grill,  entered into a lease with Donald Foret,
Jr., Sandra Maxey Foret, and the intervenor Lawrence Gros,
the immovable property located at 2666 and 2670 Highway 1,
Labadieville, Louisiana. The lease was for a term of two
years-from September 1, 2017, through August 31, 2019- with
an option to purchase the property prior to the expiration of
the term. The lease was later recorded in the conveyance
books of Assumption Parish.
September and October 2017, Mr. Daigle contacted Mr. Foret
and requested that he make repairs to the roof and the
flooring of the premises; however, Mr. Foret did not make any
of the requested repairs. In October 2017, Mr. Daigle ceased
operation of his bar and restaurant pending the requested
repairs due to concerns regarding his employees'
safety. In accordance with the lease, Mr. Daigle
continued to pay rent to Mr. Gros and maintained possession
of the premises, including maintaining equipment and
inventory on site.
November 2017, a member of the community, Blake Naquin,
noticed the leased property appeared to be abandoned, so he
contacted Mr. Foret to express his interest in purchasing the
property with the intent to operate a bar. Mr. Foret told Mr.
Naquin that he was in the "process of evicting
somebody" and agreed to sell the property to Mr. Naquin.
On December 5, 2017, Mr. Naquin registered a limited
liability company under the name of Shug's Bar, L.L.C.,
with the business address listed as 2666 Highway 1,
Labadieville, Louisiana-the same address as Mr. Daigle's
bar and restaurant, Sparky's Bar & Grill.
months from the beginning of the two-year lease with Mr.
Daigle, Mr. Foret initiated this litigation against Mr.
Daigle on December 7, 2017, by filing a petition for breach
of contract; default on lease agreement; to enforce purchase
agreement; and injunctive relief. Five days later, on
December 12, 2017, Mr. Foret entered the property, changed
the locks and password for the security system, and allegedly
converted all of the equipment and inventory belonging to Mr.
Daigle that remained on site. However, no eviction
proceedings had been instituted against Mr. Daigle.
January 2018, Mr. Foret and Mr. Naquin signed a purchase
agreement to initiate the banking loan process for the sale
of the property. That same month, Mr. Foret, Mr. Naquin, and
Mr. Gros appeared before the Assumption Parish Police Jury to
obtain a liquor license for Mr. Naquin's business,
Shug's Bar, L.L.C. Mr. Naquin misrepresented on his
liquor license application that he was the owner or lessee of
the property at issue at the time of application.
January 5, 2018, Mr. Daigle filed an answer and a
reconventional demand for breach of contract; temporary
restraining order; injunctive relief; and damages against Mr.
Foret, Mrs. Foret, and Acadian Monitoring Services,
L.L.C.Mr. Daigle later supplemented and amended
his reconventional demand, adding Mr. Gros as a
defendant-in-reconvention. Mr. ...