284 So.3d 696
La. Ct. App.2019Background
- Ronald's Lawn Service, LLC (RLS) contracted with St. John the Baptist Parish School Board for lawn maintenance, alleged term June 7, 2013–March 31, 2016 and annual amount $149,832.
- The parties admit the contract was terminated on September 5, 2013; RLS sued for breach, seeking contract sums for the claimed term.
- The School Board asserted RLS failed to perform and produced a signed Release/Settlement (Sept. 20, 2013) paying $2,400 and releasing "any and all claims" for grounds work performed June 7–Sept. 5, 2013.
- RLS objected to admission of the Release less than 15 days before the summary-judgment hearing; the trial court admitted the Release and granted summary judgment for the School Board.
- On appeal the Fifth Circuit affirmed: the Release unambiguously settled RLS's work through Sept. 5, 2013, and RLS failed to produce evidence of contract terms or claims beyond that date; dissent argued the Release was ambiguous and the School Board bore the burden to prove a full compromise of the entire contract.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of the Release at the summary-judgment hearing | Objection to the Release was timely and the document should be excluded | Objection was untimely under La. C.C.P. art. 966 procedures; court may consider unobjected documents | Release was properly admitted; RLS's objection raised in an opposition filed less than 15 days before the hearing was untimely |
| Whether the Release defeated RLS's breach claim and warranted summary judgment | The Release only discharges claims for June–Sept. 2013 and does not bar contract claims through Mar. 31, 2016; genuine issues remain | The Release's broad language released "any and all claims" arising from the June 7–Sept. 5, 2013 work; RLS produced no evidence of contract terms beyond Sept. 5, 2013 | Summary judgment affirmed: Release satisfied School Board's obligation through Sept. 5, 2013; RLS failed to produce evidence to meet its burden as to the contract terms beyond that date, so no genuine issue remained |
Key Cases Cited
- Yaukey v. Ballard, 267 So.3d 183 (La. App. 5 Cir. 2019) (de novo appellate review of summary judgment and summary-judgment standards)
- Bruneau v. Crescent City Cleaning Servs. Corp., 209 So.3d 286 (La. App. 5 Cir. 2016) (elements of a breach-of-contract claim)
- Stogner v. Ochsner Clinic Foundation, 254 So.3d 1254 (La. App. 5 Cir. 2018) (summary-judgment burden-shifting principles)
- Breaux v. Fresh Start Properties, L.L.C., 78 So.3d 849 (La. App. 5 Cir. 2011) (standards for appellate review of summary judgment)
- Sanga v. Perdomo, 167 So.3d 818 (La. App. 5 Cir. 2014) (discussion of breach-of-contract proof requirements)