117 So. 3d 253
La. Ct. App.2013Background
- Duhon and Da’ Avenue Sports Bar, LLC leased suites A and B at 4201 Washington Ave from Briley in 2007 for 2 years (with renew/option).
- Intent was to operate a sports bar in Suite B and a reception hall in Suite A; renovations were necessary for start-up.
- On June 2, 2008, Briley changed the locks; three days later suit for wrongful eviction and conversion filed by plaintiffs.
- Briley answered and asserted abandonment; subsequent amended petitions described items allegedly converted.
- Trial court awarded plaintiffs 175,722.99 and defendant 8,306.13; court found bad-faith wrongful eviction and conversion; both sides appealed.
- This opinion amends the plaintiffs’ damages award and affirms as amended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abandonment determination | Duhon did not abandon; no intent to terminate lease; eviction improper | Lessor justified believing abandonment based on tenant actions and facts | No manifest error; no abandonment; eviction improper under law |
| Damages—lost income/profits | Lost profits supported by business income; reasonable certainty | Expenses unaccounted; profits overstated | Abuse of discretion; reduce lost income/wages by 57,180.90 |
| Damages—deposits | Deposits as stated were 7,000 per leases | Lease shows 6,000 deposits; plaintiff overbid | Reduce deposit award by 1,000 |
| Damages—mental anguish and punitive appearance | Mental anguish rightly awarded for wrongful eviction and conversion | Rate too high/punitive in effect | Not punitive; affirm general damages of 10,000; not abuse of discretion |
| Damages—costs of repairs (defendant in reconvention) | Defendant claimed costs improperly borne by plaintiffs | Repairs properly incurred by defendant; trial court correct | Affirmed award of 8,306.13 for repairs |
Key Cases Cited
- Girgis v. Macaluso Realty Co., Inc., 778 So.2d 1210 (La.App. 4 Cir. 2001) (abandonment and self-help eviction jurisprudence; abandonment requires intent to relinquish premises)
- Fo Coin Co. v. Drury, 349 So.2d 382 (La.App. 4 Cir. 1977) (damages for wrongful eviction include delictual liability; trespass)
- Pelleteri v. Caspian Grp. Inc., 851 So.2d 1235 (La.App. 4 Cir. 2003) (lost business opportunity and damages; expert testimony)
- Mahayna, Inc. v. Poydras Ctr. Assoc., 665 So.2d 166 (La.App. 4 Cir. 1995) (proportioning value of improvements over remaining lease term)
- Smith v. Shirley, 815 So.2d 980 (La.App. 3 Cir. 2002) (case on lost improvements/damages)
- Boisdore v. International City Bank & Trust Co., 361 So.2d 925 (La.App. 4 Cir. 1978) (mental anguish in conversion cases; limits on damages)
- Louisiana Joint Underwriters of Audubon Ins. Co. v. Gant, 439 So.2d 1153 (La.App. 4 Cir. 1983) (reasonable certainty standard for lost profits)