Opinion
2024 CW 0614
12-03-2024
TROY GAUTREAU, JR. AND KRISTIN GAUTREAU v. SLC DEVELOPMENT OF ASCENSION, LLC AND SUZANNA BEIRIGER, NICOLE CROTWELL ROWELL, SOUTH LOUISIANA GROUP, LLC TROY JAMES GAUTREAU, JR. AND KRISTIN ZIEGLER GAUTREAU v. DWIGHT D. POIRRIER AND THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE
In Re: Dwight D. Poirrier, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 123051 c/w 123111.
BEFORE: WOLFE, MILLER, AND GREENE, JJ.
WRIT GRANTED. The June 3, 2024 judgment denying the motion for summary judgment filed by defendant, Dwight D. Poirrier, is reversed. On de novo review, we find that defendant established summary judgment was proper as to the third element of the plaintiffs'' legal malpractice claim, loss causation. The burden then shifted to plaintiffs, who failed to produce evidence sufficient to establish the existence of a genuine issue of material fact as to whether the incorrect property description in the act of sale caused them damages. See Brunswick Seafood, Inc. v. Williams Law Group, LLC, 2017-1022 (La.App. 1st Cir. 1/8/19), 2019 WL 139377, *3 (unpublished), writ denied, 2019-0335 (La. 4/29/19), 268 So.3d 1022. Accordingly, the motion for summary judgment filed by Dwight D. Poirrier is granted and the claims of Troy James Gautreau, Jr. and Kristin Ziegler Gautreau asserted against him are dismissed with prejudice.
EW
SMM
EG