Ames v. Ohle
Decision Date | 26 April 2017 |
Docket Number | NO. 2016–CA–0612,2016–CA–0612 |
Citation | 219 So.3d 396 |
Court | Court of Appeal of Louisiana — District of US |
Parties | Ecetra N. AMES v. John B. OHLE, III, J.P. Morgan Chase & Co. f/k/a Bank One Corporation, Douglas Steger and Kenneth A. Brown |
Gladstone N. Jones, III, Lynn E. Swanson, H. S. Bartlett, III, Catherine E. Lasky, Lindsay Reeves, JONES, SWANSON, HUDDELL & GARRISON, LLC, 601 Poydras Street, Suite 2655, New Orleans, LA 70130, COUNSEL FOR PLAINTIFF/APPELLANT
John W. Hite, III, SALLEY HITE MERCER & RESOR, LLC, One Canal Place, 365 Canal Street, Suite 1710, New Orleans, LA 70130—AND—J. Gregory Deis, Stephen J. Kane, MAYER BROWN, LLP, 71 S. Wacker Drive, Chicago, IL 60606, Cesar R. Burgos, Robert J. Daigre, Corina E. Salazar, Gabriel O. Mondino, George McGregor, BURGOS & ASSOCIATES, LLC, 3535 Canal Street, New Orleans, LA 70119–6135, COUNSEL FOR DEFENDANT/APPELLEE
(Court composed of Judge Terri F. Love, Judge Edwin A. Lombard, Judge Joy Cossich Lobrano, Judge Rosemary Ledet, Judge Regina Bartholomew–Woods)
The Appellant, Hugh Uhalt,1 seeks review of three district court judgments in the instant appeal: a January 26, 2016 judgment dismissing respondeat superior claims against Appellee, J.P. Morgan Chase & Co. f/k/a Bank One Corporation ("Bank One"); a February 4, 2016 judgment dismissing his remaining claims against Bank One; and a March 23, 2016 judgment granting an exception of res judicata of Appellee John Ohle, III ("Ohle"). Finding that the judgment of the district court granting Ohle's exception of res judicata is neither manifestly erroneous nor legally incorrect, we affirm. Moreover, pursuant to our de novo review, we find that there are no genuine issues of material of fact precluding the granting of Bank One's respective motions for summary judgment. Lastly, Bank One's Answer to Appeal is denied as moot.
The facts of this matter were previously set forth in Ames v. Ohle , 11-1540 (La.App. 4 Cir. 5/23/12), 97 So.3d 386, as follows:
Ames v. Ohle , 11-1540, pp. 1-5 (La.App. 4 Cir. 5/23/12), 97 So.3d 386, 389–90, decision clarified on reh'g (July 11, 2012), writ denied , 12-1832 (La. 11/9/12), 100 So.3d 837.
In the above-referenced appeal, Mrs. Ames sought review of the district court's grant of Bank One's exception of prescription. We reversed in part the portion of the district court's judgment "sustaining Bank One's exception of prescription as to her [Mrs. Ames's] claim for fraud" and remanded for further proceedings. In all other respects, the grant of the exception of prescription was affirmed. On rehearing, we clarified that Mrs. Ames's fraud claim "is personal in nature" and is subject to a ten-year prescriptive period. Id.
Subsequently, Ohle filed exceptions of prescription and res judicata . The district court granted the exception of res judicata dismissing Mrs. Ames's claims against Ohle, with prejudice. Bank One also filed a motion asserting that it was entitled to summary judgment on the following issues: not being a proper party defendant, respondeat superior, fraud, and civil conspiracy. The district court ultimately granted Bank One's motion for summary judgment in full.
Mr. Uhalt timely filed the instant appeal. He raises four assignments of error:
In his first assignment of error, Mr. Uhalt argues that his claims of fraud against Ohle are not barred by the exception of res judicata and the terms of the 2003 Settlement Agreement. He avers that the Settlement Agreement was only applicable to "all matters disclosed;" however, the claims at issue were unknown to Mrs. Ames at the time she executed the Settlement Agreement. Ohle, according to Mr. Uhalt, failed to meet his burden of showing that the Settlement Agreement barred the instant claims. He further asserts that it is...
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