135 So. 3d 1212
La. Ct. App.2014Background
- Irma Santiago owned 3100 Louisa St., New Orleans; ad valorem taxes for 2006–2008 went unpaid and Patricia Jordan purchased a 1% undivided tax-sale interest in the property.
- Jordan sought and obtained a confirmation judgment in district court on December 18, 2012, which—contrary to the Tax Sale Deed—awarded Jordan full (100%) ownership.
- Santiago died two days later; her daughter Yvonne Montana became universal successor and later paid outstanding taxes (2006–2013) and received a Receiving Warrant.
- Montana filed a direct nullity action (La. C.C.P. art. 2004) on April 23, 2013, alleging the confirmation judgment was obtained by fraud or ill practices; she later moved for summary judgment.
- Jordan moved for summary judgment and asserted peremptory exceptions; the trial judge granted Jordan’s motion, denied Montana’s, and overruled Jordan’s exceptions. Montana appealed.
Issues
| Issue | Plaintiff's Argument (Montana) | Defendant's Argument (Jordan) | Held |
|---|---|---|---|
| Standing to pursue nullity after decedent's death | Montana (as universal successor) inherited her mother’s heritable rights and may challenge the confirmation judgment | Jordan contended the right was strictly personal and non‑heritable | Held: Montana, as universal successor, has standing to bring the nullity action |
| Whether confirmation judgment was obtained by "fraud or ill practices" (element of art. 2004) | The confirmation judgment legally erred (awarded 100% ownership) and raised a genuine issue that it was procured by misrepresentation/ill practice | Jordan argued no fraud/ill practice occurred; hearing was contradictory and curator ad hoc did not oppose confirmation; Jordan relied on expenditures and asserted proper explanation to the judge | Held: Genuine issue of material fact exists; the record does not establish absence of factual support for Montana’s claim nor entitlement to judgment for either party |
| Appropriateness of summary judgment on cross-motions | Montana argued the judgment itself and supporting record proved fraud/ill practice as a matter of law | Jordan argued Montana lacked factual support and summary judgment should be granted for Jordan | Held: Trial court erred granting Jordan summary judgment and correctly denied Montana’s motion; both parties failed to meet their burdens on cross-motions |
| Remedy / next step | Montana sought nullification of the confirmation judgment | Jordan sought dismissal with prejudice via summary judgment | Held: Reversed grant of Jordan’s summary judgment, affirmed denial of Montana’s summary judgment, remanded for trial on merits |
Key Cases Cited
- Marseilles Homeowners Condominium Ass’n, Inc. v. Broadmoor, L.L.C., 111 So.3d 1099 (La. App. 4th Cir. 2013) (de novo review and standards for appellate review of summary judgment)
- Bonin v. Westport Ins. Corp., 930 So.2d 906 (La. 2006) (summary judgment review principles)
- Suire v. Lafayette City-Parish Consol. Gov’t, 907 So.2d 37 (La. 2005) (doubt on material fact resolved against summary judgment)
- Smith v. Our Lady of the Lake Hosp., Inc., 639 So.2d 730 (La. 1994) (summary judgment disposes only meretricious disputes)
- Kem Search, Inc. v. Sheffield, 434 So.2d 1067 (La. 1983) (definition and breadth of "fraud or ill practices")
- Power Marketing Direct, Inc. v. Foster, 938 So.2d 662 (La. 2006) (two-pronged test for nullity: deprivation of legal rights and unconscionability)
- Ward v. Pennington, 523 So.2d 1286 (La. 1988) (causal relationship required between fraud/ill practice and obtaining of judgment)