Opinion
NO. 2016 CW 1517
03-02-2017
CENAC TOWING CO., LLC v. T. BAKER SMITH, LLC
In Re: T. Baker Smith, LLC, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 177088. BEFORE: PETTIGREW, McDONALD, HIGGINBOTHAM, CHUTZ AND CALLOWAY, JJ.
WRIT GRANTED. The district court was manifestly erroneous in finding that no valid and binding settlement agreement was entered between the parties. Defendant made a written settlement offer to plaintiff by its counsel's electronic mail of July 12, 2016, and plaintiff accepted this offer, without modification, by its counsel's electronic mail of July 13, 2016. It is clear that the parties reached a meeting of minds as to what was being conveyed and how much it would cost, with the intent to end the litigation. See Klebanoff v. Haberle, 43,102 (La. App. 2d Cir. 3/19/08), 978 So.2d 598. Judgment is rendered in favor of defendant, T. Baker Smith, LLC, and against plaintiff, Cenac Towing Co., LLC, granting the motion to enforce settlement excluding any provisions regarding indemnification.
JTP
JMM
WRC
Higginbotham and Calloway, JJ., dissent and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT
Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.