174 So. 3d 227
La. Ct. App.2015Background
- Kendall and Carol Moses bought QUOP, Inc. stock in 1978; the Moses Family Trust later transferred the stock to their daughter Kelsey in 1996.
- Carol sued in 2001 seeking a declaratory judgment that the transfer to Kelsey was a simulation and a community asset; Kelsey was a minor when proceedings began.
- The trial court appointed attorney Cindy Williams to represent Kelsey under La. C.C.P. art. 732; Kelsey reached majority in August 2003.
- A bench trial on the declaratory judgment occurred March 3, 2005; the court declared the transfer a simulation and void on March 18, 2005. Williams attended the 2005 trial; Kelsey contends she received no personal notice and did not appear.
- Kelsey filed in 2014 to annul the 2005 judgment for vice of form (service/representation), arguing the court-appointed counsel’s authority terminated when she reached majority; Carol pleaded no cause of action and peremption.
- The trial court granted the exceptions and dismissed Kelsey’s petition; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a court-appointed attorney under La. C.C.P. art. 732 ceases to represent a minor by operation of law when the minor attains majority, rendering a later judgment null for lack of service | Kelsey: appointment expired on her 18th birthday since she did not personally ratify or retain counsel; service on Williams therefore insufficient and judgment is an absolute nullity | Carol: Williams remained Kelsey’s mandatary until termination; absent revocation, service on Williams was effective and judgment is valid | Appointment did not terminate by operation of law at majority; service on appointed counsel was sufficient; no cause of action for annulment established |
Key Cases Cited
- St. Pierre v. Northrop Grumman Shipbuilding, Inc., 102 So.3d 1003 (La. App. 4th Cir. 2012) (standard of review for exception of no cause of action)
- Peneguy v. Porteous, 823 So.2d 380 (La. App. 4th Cir. 2002) (principles on review of legal exceptions)
- Mid-South Plumbing, LLC v. Development Consortium-Shelly Arms, L.L.C., 126 So.3d 732 (La. App. 4th Cir. 2013) (no-cause-of-action examines whether law provides a remedy under petition facts)
- Fink v. Bryant, 801 So.2d 346 (La. 2001) (treatment of pleadings when ruling on no cause of action)
- Badeaux v. Southwest Computer Bureau, Inc., 929 So.2d 1211 (La. 2006) (courts must interpret petitions liberally to afford plaintiff opportunity to present evidence)
- Bell v. Demax Mgmt., Inc., 824 So.2d 490 (La. App. 4th Cir. 2002) (agency/mandatary law: agent knowledge imputed to principal)
- Bank of Louisiana v. Argonaut Ins. Co., 248 So.2d 349 (La. App. 4th Cir. 1971) (agent-principal knowledge imputation principles)