Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Ryan Gary, et al. v. Hollier's Specialty Roofing, Inc., et al.
Date: 12-31-2021
Case Number: 2021-2262
Judge: Valerie Gotcher Garrett
Court: Fifteenth Judicial District Court, Lafayette Parish, Louisianaa
Plaintiff's Attorney:
Click Here For The Best Lafayette Breach of Contract Lawyer Directory
Click Here For The Best Lafayette Breach of Contract Lawyer Directory
Defendant's Attorney:
Click Here For The Best Lafayette Breach of Contract Lawyer Directory
Click Here For The Best Lafayette Breach of Contract Lawyer Directory
Description:
Lafayette, Louisiana civil litigation lawyers represented the parties in a breach of contact dispute.
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.
* * *
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.
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.
* * *
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.
Outcome:
Affirmed in part, reversed in part and remanded.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Ryan Gary, et al. v. Hollier's Specialty Roofing, Inc., e...?
The outcome was: Affirmed in part, reversed in part and remanded.
Which court heard Ryan Gary, et al. v. Hollier's Specialty Roofing, Inc., e...?
This case was heard in Fifteenth Judicial District Court, Lafayette Parish, Louisianaa, LA. The presiding judge was Valerie Gotcher Garrett.
Who were the attorneys in Ryan Gary, et al. v. Hollier's Specialty Roofing, Inc., e...?
Plaintiff's attorney: Click Here For The Best Lafayette Breach of Contract Lawyer Directory. Defendant's attorney: Click Here For The Best Lafayette Breach of Contract Lawyer Directory.
When was Ryan Gary, et al. v. Hollier's Specialty Roofing, Inc., e... decided?
This case was decided on December 31, 2021.