670 Fed.Appx. 282 (5th Cir. 2016), 16-30147, Consolidated Grain & Barge, Inc. v. Anny

Docket Nº:16-30147
Citation:670 Fed.Appx. 282
Opinion Judge:PER CURIAM:
Party Name:CONSOLIDATED GRAIN & BARGE, INCORPORATED, Plaintiff v. RANDY ANNY, Defendant; AMERICAN RIVER TRANSPORTATION COMPANY, Plaintiff - Appellee v. RANDY ANNY, Defendant - Appellant; RANDY ANNY; Individually and as Administration of the Succession of Victoria Ester Martin, Plaintiff - Appellant, BARBARA FALGOUST, Intervenor-Plaintiff - Appellant v. ...
Attorney:For AMERICAN RIVER TRANSPORTATION COMPANY, Plaintiff - Appellee: Richard David Bertram, Esq., Hansford P. Wogan, William P. Wynne, Esq., Jones Walker, L.L.P., New Orleans, LA. BARBARA FALGOUST, Intervenor Plaintiff - Appellant, Pro se, Sorrento, LA. RANDY ANNY, Defendant - Appellant, Pro se, Sorr...
Judge Panel:Before JOLLY, SMITH, and GRAVES, Circuit Judges.
Case Date:November 02, 2016
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 282

670 Fed.Appx. 282 (5th Cir. 2016)

CONSOLIDATED GRAIN & BARGE, INCORPORATED, Plaintiff

v.

RANDY ANNY, Defendant;

AMERICAN RIVER TRANSPORTATION COMPANY, Plaintiff - Appellee

v.

RANDY ANNY, Defendant - Appellant;

RANDY ANNY; Individually and as Administration of the Succession of Victoria Ester Martin, Plaintiff - Appellant,

BARBARA FALGOUST, Intervenor-Plaintiff - Appellant

v.

United States Court of Appeals ALBERT DUOURG, the Heirs of Defendant,

American River Transportation Company, Intervenor Defendant - Appellee

No. 16-30147

United States Court of Appeals, Fifth Circuit

November 2, 2016

UNPUBLISHED

Editorial Note:

Please Refer Federal Rule of Appellate Procedure Rule 32.1

Appeals from the United States District Court for the Eastern District of Louisiana. USDC Nos. 2:11-CV-2615, 2:13-CV-5827, 2:11-CV-2204.

For AMERICAN RIVER TRANSPORTATION COMPANY, Plaintiff - Appellee: Richard David Bertram, Esq., Hansford P. Wogan, William P. Wynne, Esq., Jones Walker, L.L.P., New Orleans, LA.

BARBARA FALGOUST, Intervenor Plaintiff - Appellant, Pro se, Sorrento, LA.

RANDY ANNY, Defendant - Appellant, Pro se, Sorrento, LA.

Before JOLLY, SMITH, and GRAVES, Circuit Judges.

OPINION

Page 283

PER CURIAM:[*]

This appeal arises from a trespass action. The American River Transportation Company (" ARTCO" ) owned land along the Mississippi River in Convent, Louisiana. ARTCO alleged that the neighboring landowner, Barbara Falgoust, along with her husband, Randy Anny, trespassed on its property when they built a haul road and a fence on ARTCO's side of the property line. Anny and Falgoust responded that they owned the land through acquisitive prescription (the Louisiana analogue of adverse possession). After a nine-day bench trial, the district court made extensive findings of fact and conclusions of law, finding that ARTCO rightfully owned the property, that Anny and Falgoust did not acquire it by acquisitive prescription, and that Anny and Falgoust owed damages for their trespass.

Anny and Falgoust, now pro se (though they were represented by counsel during the district court proceedings), appeal the district court's judgment, arguing primarily that the district court erred in finding that they did not own the disputed land by acquisitive prescription. They explicitly state that they are not challenging the district court's factual...

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