Aydell v. Charles Carter & Co., Inc.
Citation | 388 So.2d 404 |
Decision Date | 09 June 1980 |
Docket Number | No. 13429,13429 |
Parties | Jack AYDELL and Eddie A. Williams d/b/a Challenge Cabinets v. CHARLES CARTER & COMPANY, INC. and Insurance Company of North America. |
Court | Court of Appeal of Louisiana (US) |
George R. Covert, Baton Rouge, for plaintiff-appellee, Jack Aydell & Eddie A. Williams d/b/a Challenge Cabinets.
Arthur J. Boudreaux, Baton Rouge, for defendants-appellants, Charles Carter and Co., Inc., and Ins. Co. of North America.
Before EDWARDS, LEAR and WATKINS, JJ.
Defendant-appellant, Charles Carter & Company, Inc. (Carter), seeks reversal of a trial court judgment awarding Jack Aydell and Eddie A. Williams (Aydell), doing business as Challenge Cabinets, a partial summary judgment in the amount of $28,815.55. We affirm as amended.
In 1974, Carter was the general contractor with the City of Baton Rouge and the Parish of East Baton Rouge (City-Parish) for construction of the Civic Center Governmental Building.
On March 28, 1974, Carter and Aydell entered a subcontract requiring Aydell to do the millwork in the Civic Center. Including all change orders approved by Carter, the amount was $323,715.65.
On November 28, 1977, construction was accepted by the City-Parish and a notice of acceptance was filed in the Mortgage Records.
Aydell, having been paid only $289,650.44 by July 19, 1978, filed suit against Carter for the balance of $34,065.21. Following defendant's answer, Aydell filed a motion for summary judgment. Carter then filed an amended and supplemental answer and a reconventional demand against plaintiffs. Carter alternatively claimed that 1) nothing was owed to plaintiffs, 2) there were offsets to anything defendant owed, and 3) plaintiffs, as defendants in reconvention, owed Carter $60,134.66.
Partial summary judgment was granted in plaintiffs' favor on October 19, 1979, and Carter has appealed. Appellants urge that the trial court committed reversible error by relieving plaintiffs of the burden of showing that there were no genuine issues of material fact and by requiring Carter to demonstrate that a genuine dispute existed.
LSA-C.C.P. Arts. 966 and 967 contain the statutory provisions for summary judgment.
Art. 966 provides:
Art. 967 provides in part:
Plaintiffs' motion for summary judgment was accompanied by an affidavit and other attachments. These documents, together with the recorded fact that the City-Parish had accepted construction of the Civic Center, provide convincing proof that plaintiffs' claim was valid.
Once a motion for summary judgment has been made and supported, a party opposing the motion must set forth specific facts showing a genuine issue for trial or else summary judgment will be rendered against him. C.C.P. 967. Acosta v. Dardar, 379 So.2d 820 (La.App. 4th Cir. 1980); Welch v. Daigrepont, 378 So.2d 607 (La.App. 3rd Cir. 1979).
Carter's affidavit in opposition to the motion for summary judgment alleged that plaintiffs' work was "defective, delayed, untimely and unacceptable" and that delivery had been "non-sequential and haphazard(.)" Carter further claimed plaintiffs "did not perform as required but was in breach of its agreement, which breach caused Charles Carter and...
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95-2288 La.App. 4 Cir. 1/19/96, Patterson v. Al Copeland Enterprises, Inc.
...will be granted even if the court has grave doubts regarding a party's ability to establish disputed facts. Aydell v. Charles Carter & Co., Inc., 388 So.2d 404 (La.App. 1 Cir.), writ denied 391 So.2d 460 (La.1980). The fact that a party is unlikely to prevail at a trial on the merits is an ......
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95-2351 La.App. 4 Cir. 4/3/96, Gills v. Brown
...be granted even if the trial court has grave doubts regarding a party's ability to establish disputed facts. Aydell v. Charles Carter & Co., Inc., 388 So.2d 404 (La.App. 1st Cir.), writ denied 391 So.2d 460 (La.1980). The fact that a party is unlikely to prevail at a trial on the merits is ......
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95-1638 La.App. 4 Cir. 9/18/96, Rapp v. City of New Orleans
...be granted even if the trial court has grave doubts regarding a party's ability to establish disputed facts. Aydell v. Charles Carter & Co., Inc., 388 So.2d 404 (La.App. 1 Cir.), writ denied 391 So.2d 460 (La.1980). The fact that a party is unlikely to prevail at a trial on the merits is an......
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95-829 La.App. 5 Cir. 2/14/96, J.W. Rombach, Inc. v. Parish of Jefferson
...261 La. 462, 259 So.2d 914 (1972); City of Baton Rouge v. Cannon, 376 So.2d 994 (La.App. 1st Cir.1979); and Aydell v. Charles Carter & Company, 388 So.2d 404 (La.App. 1st Cir.1980), writ refused at 391 So.2d 460 When documents in support of a motion for summary judgment are sufficient to re......