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

Lafayette, Louisiana personal injury lawyer represented the Plaintiff who sued a declaratory action as to the validity of the original agreement, unjust enrichment, and various claims under Louisiana's Unfair Trade Practices Act (LUT-PA).



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.



Then, in late-January 2021, Hollier Roofing submitted a $21,234.04 estimate to Federal National for roof replacement. One month later, Hollier Roofing increased this estimate to $22,406.46, reflecting a price increase for materials. A few weeks after that, the Garys submitted a "proof of loss" prepared by Hollier 2Roofing in the same amount: $22,406.46. In response, Federal National approved an updated claim amount of $18,224.80.



By this time, however, the Garys were frustrated with Hollier Roofing: the placement of a temporary tarp was the only work that had been done, and Hollier Roofing had been paid $5,588.88 for that work. Yet Hollier Roofing was still holding an additional $12,689.13 that belonged to the Garys. And so, by late-April 2021, the Garys made a formal demand for the return of this money. Hollier Roofing ignored the demand, and the Garys filed suit on May 3, 2021.

The hearing on all these pre-trial motions was held on July 18, 2022. After taking the matter under advisement, the trial court issued judgment and written reasons on August 19, 2022. In this judgment, the trial court granted the Garys’ motion to strike, motion for partial summary judgment, and request for sanctions; the trial court denied Hollier Roofing’s cross-motion for summary judgment. Thereafter, on August 31, 2022, the trial court issued a supplemental judgment. In that judgment, the trial court granted the Garys’ motion to compel and denied Hollier Roofing’s request for leave to amend. Hollier Roofing appealed these two judgments.



As to the trial court’s judgment of August 19, 2022, as amended on May 15, 2023, we reverse the part of the judgment that dismissed Hollier’s Specialty Roofing Inc.’s claim in reconvention for attorney fees under the LUTPA. We also reverse the part of the judgment that granted Ryan Gary and Rebecca Gary’s motion for partial summary judgment. And finally, we reverse the part of the judgment that granted sanctions against Hollier’s Specialty Roofing Inc. and awarded attorney fees to Ryan Gary and Rebecca Gary. The judgment is affirmed in all other respects.



As to the trial court’s supplemental judgment of August 31, 2022, we reverse the part of the judgment that granted Ryan Gary and Rebecca Gary’s motion to compel discovery but only as to interrogatory numbers 2 through 7 and request for 18production of document numbers 2 through 7. The judgment is affirmed in all other respects.



We remand the case to the trial court for further proceedings. And the costs of this appeal are divided equally between the plaintiffs, Ryan Gary and Rebecca Gary, and the defendant, Hollier’s Specialty Roofing Inc.



AFFIRMED IN PART; REVERSED IN PART AND REMANDED.