113 So. 3d 366
La. Ct. App.2013Background
- Jonesfilm obtained a California judgment against Hoffman and NTTS for $290,911 plus 10% interest, confirmed by California court in 2004; execution sought in Louisiana in 2006 and recorded; stay granted then lifted in 2006.
- Royal Street property (910-912 Royal Street, New Orleans) transferred from Hoffman to Leeway Properties, Inc., in 2003 by marital settlement; transfer not recorded in Orleans Parish.
- Leeway later transferred its interest to Royal Alice Properties LLC, recorded December 5, 2011.
- Jonesfilm sought writ of fieri facias in 2011; sheriff sale scheduled; Leeway intervened only later and filed separate injunction action; Jonesfilm federal court denied relief as moot.
- Leeway paid Jonesfilm to halt the sheriff sale in November 2011; Jonesfilm recorded satisfaction of judgment and cancellation of mortgage in December 2011; Leeway filed petition to intervene in December 2011; trial court granted Jonesfilm’s exception of no right of action in 2012; appeal followed.
- The issue on appeal is whether Leeway could intervene where the underlying dispute had become moot by payment and satisfaction of the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Leeway had a right to intervene in a moot action. | Leeway argues pending interpleading status remained. | Jonesfilm argues no pending action existed once payment completed. | No right to intervene; action moot at intervention time. |
| Whether Leeway satisfies article 1091 prerequisites for intervention. | Leeway asserts connexity and joinder against Hoffman. | Jonesfilm contends no justiciable interest remained after payment. | Prerequisites not met; no connexity or justiciable interest. |
| Whether intervention would create a new issue after the judgment was satisfied. | Leeway contends intervention preserves rights. | Intervention would alter settled dispute. | Intervention would create a new issue; not permitted. |
Key Cases Cited
- ANR Pipeline Co. v. Louisiana Tax Com’n, 76 So.3d 521 (La.App. 1 Cir. 2011) (intervenor takes the proceedings as found; cannot change issues between parties)
- Hood v. Cotter, 5 So.3d 819 (La. 2008) (need for a real, not moot, controversy in intervention)
- Mangano Consultants, Inc. v. Bob Dean Enterprises, Inc., 921 So.2d 1081 (La.App. 5 Cir. 2006) (intervenor must have a related, justiciable interest)
- Turner v. Law Firm, of Wolff & Wolff, 986 So.2d 889 (La.App. 4 Cir. 2008) (de novo review for no right of action; focus on plaintiff’s rights)
- Badeaux v. Southwest Computer Bureau, Inc., 929 So.2d 1211 (La. 2006) (requirements of intervention summarized)
- The Matter of E.W., 38 So.3d 1033 (La.App. 1 Cir. 2010) (mootness and practical significance govern standing)