Ryan Gary and Rebecca Gary v. Hollier's Specialty Roofing, Inc.

Lafayette, Louisiana civil litigation lawyers represented the parties in a breach of contract action.



The Garys sustained extensive roof damage when Humcane Delta blew through Lafayette Parish on October 9, 2020. The following day, the Garys met with a representative from Hollier Roofing. During this meeting, the Garys and Hollier Roofing signed an agreement to fix the damage. The agreement also contained an addendum authorizing direct payments from the Garys' insurer, Federal National Insurance Company, to Hollier Roofing.



A few weeks later, Hollier Roofing placed a temporary protective tarp over the damaged roof. The Garys then wrote a check to Hollier Roofing in the amount of $2,190.00, noting "tarp roofing" on the memo line.



In December 2020, Hollier Roofing submitted a claim for $5,588.88 to Federal National for the tarp work. The insurance company, in turn, mailed a check for this amount to the Garys. Thereafter, the Garys delivered this check to Hollier Roofing. But the Garys also delivered a second insurance check to Hollier Roofing. This check was drawn in the amount of $10,499.33 for roof repair.





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CONTRACT LAW. BREACH OF CONTRACT. The case involves a dispute over the validity of a written agreement between the parties for roof repairs, where the trial court found the contract invalid, and one party's reconventional demand for breach was dismissed due to reliance on the invalidated contract.



CIVIL PROCEDURE. SUMMARY JUDGMENT. The appellate court reviewed the trial court's decision to grant partial summary judgment for unjust enrichment, finding procedural errors regarding the authentication of evidentiary documents.



CIVIL PROCEDURE. AMENDMENT OF PLEADINGS. The appeal addressed whether the trial court erred in preventing amendments to reconventional demands, reviewing the applicable procedural articles on amendment timelines and requirements.



CIVIL PROCEDURE. DISCOVERY. The court examined the appropriateness of compelled discovery related to claims under the Louisiana Unfair Trade Practices Act, focusing on whether certain interrogatories were relevant to the case-specific claims.



SANCTIONS. LOUISIANA CODE OF CIVIL PROCEDURE. The appeal discussed the trial court's imposition of sanctions under La. Code Civ.P. art. 863, with the appellate court reviewing whether the certification of pleadings was unjustly penalized.

Key Phrases Reconventional demand. Motion for summary judgment. Unjust enrichment claim. Unfair Trade Practices Act. Motion to compel discovery.

Affirmed in part, reversed in part, and remanded.