212 So. 3d 1180
La. Ct. App.2016Background
- Joyce Wise Nettle purchased two tracts on Lawes Drive in 1976 and lived there until entering a nursing home in 2006; she was the record owner and claimed homestead and paid taxes/insurance.
- Joyce died in 2011; her will left property to grandchildren Kenneth Germain and Lisa Connelly, and her succession was opened.
- The Nettles (her son Richard and his wife Shirley) filed a declaratory-judgment action asserting a March 20, 1979 "counter letter" in authentic form conveyed the Lawes Drive Property to them; they attached a copy stamped "TRUE COPY."
- The Succession disputed authenticity, produced documentary and testimonial evidence showing Joyce continuously possessed and treated the property as hers, and cited prior sworn statements by the Nettles (including bankruptcy filings) denying ownership.
- The trial court excluded the duplicate counter letter under La. Evid. arts. 1002–1003 because authenticity of the original was contested and Mr. Strain (who stamped the copy) recanted; the court granted summary judgment for the Succession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of duplicate writing to prove contents | Nettles: the stamped "TRUE COPY" of the counter letter is admissible and establishes conveyance. | Succession: genuine question as to authenticity; duplicate inadmissible without original. | Duplicate excluded; original required because authenticity contested and the instrument is central to the claim. |
| Ownership of Lawes Drive Property | Nettles: counter letter transferred title to them in 1979; they are sole owners. | Succession: record title, continuous possession, taxes, mortgages, homestead claims, and prior sworn statements show Joyce remained owner. | Court found no genuine issue of material fact for Nettles once duplicate excluded; Joyce was owner at death. |
| Sufficiency of summary-judgment evidence | Nettles: attached the copy and affidavits asserting its provenance. | Succession: attached record deeds, affidavits, testimony, and recantation of the "true copy" certification. | Under La. summary-judgment rules, unsworn or uncertified documents are insufficient; Succession met burden and judgment for Succession affirmed. |
| Effect of attorney’s recantation of "true copy" certification | Nettles: certification by Mr. Strain supported copy’s authenticity. | Succession: Mr. Strain’s affidavit withdrew and disclaimed ability to certify the copy. | Court credited recantation; the certification could not cure lack of original and copy was inadmissible. |
Key Cases Cited
- Boudreaux v. Vankerkhove, 993 So.2d 725 (La. App. 1st Cir. 2008) (standard of appellate review for summary judgment).
- Smith v. Our Lady of the Lake Hosp., Inc., 639 So.2d 730 (La. 1994) (definition of genuine issue and summary-judgment principles).
- Boland v. West Feliciana Parish Police Jury, 878 So.2d 808 (La. App. 1st Cir. 2004) (unsworn/unverified documents not competent summary-judgment evidence).
- Williams v. Memorial Medical Center, 870 So.2d 1044 (La. App. 4th Cir. 2004) (attaching unverified documents does not make them competent evidence on summary judgment).
- Sanders v. J. Ray McDermott, Inc., 867 So.2d 771 (La. App. 1st Cir. 2003) (requirement that motions rely on affidavits or certified/sworn copies to shift burden on summary judgment).