Opinion
2024 CW 0003
03-13-2024
GULFCO OF LOUISIANA, LLC, D/B/A TOWER LOAN OF CUT OFF v. SEAN A. EYMARD, A/K/A SEAN EYMARD
Gulfco of Louisiana, LLC, d/b/a Tower Loan of Cut Off, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 146655.
BEFORE: GUIDRY, C.J., CHUTZ AND LANIER, JJ.
WRIT GRANTED WITH ORDER. The trial court's November 30, 2023 judgment, which denied the Motion for Summary Judgment filed by plaintiff, Gulfco of Louisiana, LLC d/b/a Tower Loan of Cut Off, is vacated. Usury is an affirmative defense that must be specifically pleaded in the answer. Garcia Roofing Replacement, LLC v. McCain, 2022-0233 (La.App. 1st Cir. 9/16/22), 352 So.3d 1005, 1011 (citing La. Code Civ. P. art. 1005). A review of the defendant's answer, as well as the transcript herein, shows the defense of usury was not pleaded. Id. Consequently, usury was not properly before the trial court. This matter is remanded to the trial court for a ruling on the plaintiff's Motion for Summary Judgment.
JMG
WRC
WIL