72 So. 3d 946
La. Ct. App.2011Background
- Hurricane Katrina caused damage to Mary Porter’s federally insured residential property under an all-risk policy with LCPIC.
- Porter participated in mediation and settled all claims on July 28, 2006 under the Louisiana Mediation Act.
- Porter later sued (October 7, 2008) alleging dwelling damages were not included in the settlement.
- LCPIC asserted a peremptory exception of res judicata or, alternatively, a motion to enforce settlement; the trial court granted.
- The appellate record found the settlement was not introduced into evidence at the hearing, creating an incomplete record and warranting remand for a full evidentiary proceeding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars Porter’s remaining claims | Porter contends LCPIC failed to prove all elements of res judicata. | LCPIC argues the settlement extinguishes all claims arising from the transaction. | Remanded for evidentiary hearing; no definitive ruling on res judicata yet. |
| Whether the settlement agreement was properly admitted into evidence | Documents attached to memoranda are not evidence and cannot be relied upon. | Settlement must be within the evidentiary record to support the exception. | Settlement not in evidence; vacate judgment and remand for complete record. |
| Whether the trial court erred by ruling before completing discovery | Porter asserts trial court abused discretion by ruling prior to possible discovery. | Unclear due to incomplete record; remand warranted to reassess with full record. | Remanded for proceedings consistent with this opinion. |
Key Cases Cited
- Betz v. Louisiana Workers’ Comp. Corp., 792 So.2d 763 (La. App. 4 Cir. 2001) (res judicata burden and elements; evidence required to prove elements)
- Denoux v. Vessel Mgmt. Servs., Inc., 983 So.2d 84 (La. 5/21/2008) (appellate courts cannot review or accept new evidence not in the record)
- Triss v. Carey, 781 So.2d 613 (La. App. 4 Cir. 2001) (documents attached to memorandum not evidence on appeal)
- Jackson v. United Servs. Auto. Ass’n Cas. Ins. Co., 1 So.3d 512 (La. App. 5 Cir. 2008) (evidentiary adequacy on appeal; evidence must be in record)
- Argence L.L.C. v. Box Opportunities, Inc., 980 So.2d 786 (La. App. 4 Cir. 2008) (examples of evidentiary requirements on appeal)