125 So. 3d 1158
La. Ct. App.2013Background
- Seven plaintiffs sued St. John the Baptist Parish seeking injunctive relief and damages to stop road construction and alleged trespass on property known as "Tigerville," asserting they retained some property not subject to an earlier sewer servitude.
- Plaintiffs alleged the Parish removed barricades on April 27, 2010 and intended to build a road through their land.
- Parish filed a one-sentence peremptory exception of res judicata referencing a 2006 judgment (40th JDC, No. 50828); the petition alleged the prior petition and judgment were attached, but those documents are not in the appellate record.
- At the exception hearing plaintiffs did not appear; Parish counsel argued the claims were identical to the 2006 suit but introduced no evidence or documentary proof into the record.
- Trial court sustained the res judicata exception, relying on an alleged 2006 judgment finding the Parish had a servitude of passage by tacit dedication; plaintiffs appealed.
- The appellate court vacated and remanded, holding the Parish failed to meet its burden because evidence proving the prior final judgment was not in the record and attachments to pleadings cannot substitute for introduced evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs' claims are barred by res judicata | Plaintiffs contended their current claims challenge wrongful trespass/roadwork on property not subject to the prior servitude and thus are not precluded | Parish argued the 2006 judgment resolved the same claims and property, so the suit is barred by res judicata | Court held res judicata could not be affirmed on appeal because the record lacked the prior judgment or other admissible evidence proving the exception's elements |
| Whether the defendant met its burden to prove res judicata at the exception hearing | Plaintiffs implicitly argued record evidence was required and none existed | Parish relied on counsel's representations and attachments not introduced as evidence | Court held the defendant failed to satisfy its burden; attachments to pleadings are not evidence and absence of introduced proof requires resolving doubts against res judicata; exception may be re-urged at trial court with proper evidence |
Key Cases Cited
- Burguieres v. Pollingue, 843 So.2d 1049 (La. 2003) (elements of res judicata statutory test)
- Rudolph v. D.R.D. Towing Co., LLC, 59 So.3d 1274 (La. App. 5 Cir. 2011) (burden to prove res judicata by preponderance)
- Bourgeois v. A.P. Green Industries, Inc., 39 So.3d 654 (La. App. 5 Cir. 2010) (res judicata construed stricti juris; doubts resolved against application)
- Morales v. Parish of Jefferson, 54 So.3d 669 (La. App. 5 Cir. 2010) (res judicata effect reviewed de novo)
- Cichirillo v. Avondale Industries, Inc., 917 So.2d 424 (La. 2005) (when exception grounds do not appear in petition, court may consider evidence)
- Denoux v. Vessel Management Services, Inc., 983 So.2d 84 (La. 2008) (appellate court cannot consider evidence not in record; attachments to pleadings are not evidence)
- Bond v. Bond, 813 So.2d 1148 (La. App. 2 Cir. 2002) (trial court notice of its own prior judgment insufficient to support res judicata on appeal without record evidence)
- Louisiana Business College v. Crump, 474 So.2d 1366 (La. App. 2 Cir. 1985) (defendant fails to meet burden when prior judgment not introduced as evidence)