99 So. 3d 702
La. Ct. App.2012Background
- Plaintiff Randy Anny seeks damages from defendant Michael Babin for alleged breach of a purchase agreement for batture property along the Mississippi River in St. James Parish.
- The property sale was subject to a Batture Lease with CGB, which granted a right of first refusal to CGB for any bona fide offer to purchase.
- Babin (as trustee) notified CGB of the purchase agreement; CGB initially disputed notice sufficiency but later was deemed to have timely exercised its ROFR under the Lease.
- CGB exercised its ROFR on April 18, 2011, and the sale occurred by Act of Cash Sale on April 27, 2011.
- Anny filed suit on July 18, 2011; Babin moved for summary judgment, which the trial court granted on October 17, 2011, dismissing Anny’s claims with prejudice.
- On appeal, Anny challenges the timeliness of CGB’s ROFR and whether discovery was complete; Babin contends the Purchase Agreement was never valid due to deposit issues and that discovery was unnecessary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did CGB timely exercise its ROFR under the Lease? | Anny argues ROFR timeliness was not met due to notice timing. | Babin contends ROFR was timely; CGB exercised within 30 days of proper notice. | ROFR Timeliness supported; CGB exercised timely under Lease. |
| Did discovery issues defeat summary judgment? | Anny claims discovery was incomplete at SJ time. | Babin asserts all material facts were before the court; discovery unnecessary. | Discovery not required to deny SJ; no genuine issues of material fact remain. |
| Was the Purchase Agreement valid despite Anny’s deposit issue? | Anny asserts deposit timing does not invalidate the agreement. | Babin contends deposit contemporaneous payment was a condition precedent; otherwise, agreement could fail. | Even if deposit issue existed, CGB’s timely ROFR defeated the Purchase Agreement. |
Key Cases Cited
- Hines v. Garrett, 876 So.2d 764 (La. 2004) (de novo review standard for summary judgment)
- Smith v. Our Lady of the Lake Hosp., Inc., 639 So.2d 730 (La. 1994) (definition of material fact and genuine issue)
- Paternostro v. Wells Fargo Home Mortg., Inc., 30 So.3d 45 (La.App. 5 Cir. 2009) (summary judgment burden and standard)