134 So. 3d 19
La. Ct. App.2014Background
- King sued Pontchartrain Mortgage Co., Pontchartrain Mortgage Corp., Mortgage Equity, Inc., and Commercial Lenders and Equity, Inc., plus Lafargue and Miller, alleging breach of the Settlement Agreement and legal malpractice.
- Settlement Agreement (1998) paid Evangelist King $70,000 for relinquishing 50% ownership; dispute over valuation and disclosure of stock value.
- Miller simultaneously represented King and Lafargue/Pontchartrain; plaintiff alleged failure to disclose dual representation and misleading guidance.
- Miller moved for summary judgment (Jan 2013) asserting no damages evidence; attached Murphy affidavit and Lafargue affidavit.
- King opposed, relying on a Verdigets letter claiming higher company value; letter was unsworn and filed shortly before the hearing, creating admissibility disputes.
- Trial court granted summary judgment; on appeal, verdict affirmed; Verdigets letter deemed inadmissible; service issue regarding Lafargue not affecting outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper given damages and conflict concerns. | King argues damages exist and conflict of interest precluded dismissal. | Miller contends no damages proven and undisputed valuation supports judgment. | Summary judgment affirmed; damages not shown; no genuine issue. |
| Whether Verdigets expert letter was admissible as summary judgment evidence. | Letter supports higher valuation; timely, admissible evidence. | Unsworn, untimely letter cannot be used as competent summary judgment evidence. | Letter inadmissible; cannot defeat summary judgment. |
Key Cases Cited
- Premier Restaurants, Inc. v. Kenner Plaza Shopping Ctr., L.L.C., 767 So.2d 927 (La.App. 5 Cir. 2000) (summary judgment standards; documents scrutinized)
- Input/Output, Inc. v. Wilson Greatbatch, Inc., 977 So.2d 109 (La.App. 5 Cir. 2008) (unsworn/unverified documents not competent SJ evidence)
- Independent Fire Ins. Co. v. Sunbeam Corp., 755 So.2d 226 (La. 2000) (timely expert evidence; admissibility in SJ context)
- Owens v. Martin, 449 So.2d 448 (La. 1984) (summary judgment burden shifting; material facts)
- Schroeder v. Board of Supervisors, 591 So.2d 342 (La.1991) (materiality and standard for summary judgment)