Simon v. Mid S. Developers, Inc.

Full title: MARTHA SIMON v. MID SOUTH DEVELOPERS, INC.

Court: Court of Appeals of Louisiana, Fifth Circuit

Date published: Oct 4, 2023

374 So. 3d 176 (La. Ct. App. 2023)

Opinion

NO. 22-CA-585

10-04-2023

Martha SIMON v. MID SOUTH DEVELOPERS, INC.

COUNSEL FOR PLAINTIFF/APPELLANT, MARTHA SIMON, R. A. Osborn, Jr., Harvey COUNSEL FOR DEFENDANT/APPELLEE, MID SOUTH DEVELOPERS, INC., George H. Jones, Metairie

JOHNSON, J.

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, NO. 814-393, DIVISION "J", HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING

COUNSEL FOR PLAINTIFF/APPELLANT, MARTHA SIMON, R. A. Osborn, Jr., Harvey

COUNSEL FOR DEFENDANT/APPELLEE, MID SOUTH DEVELOPERS, INC., George H. Jones, Metairie

Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Robert A. Chaisson

JOHNSON, J.

₁Plaintiff/Appellant, Martha Simon, appeals the sustaining of the peremptory exception of peremption filed by Defendant/Appellee, Mid South Developers, Inc. (hereinafter referred to as "Mid South") in the 24^th Judicial District Court, Division "J", that dismissed her petition for damages for breach of contract. For the following reasons, we affirm the trial court’s judgment.

FACTS AND PROCEDURAL HISTORY

On February 1, 2021, Ms. Simon filed her "Petition for Damages for Breach of Contract" against Mid South. In her petition, Ms. Simon alleged that she entered into a contract with Mid South on June 30, 2013 for the elevation of her home located at 3160 Sweet Gum Drive in Harvey, Louisiana. She asserted that shortly after Mid South began the work, it abandoned the job and left the dwelling in an unfinished status. Ms. Simon claimed that, throughout the period Mid South worked on her home, she reported several problems to Mid South that were not addressed, which included complaints that the house’s walls were cracking; water remained under the house; the doors would not open and close properly; there was a smell of raw sewage coming from under the house; the flooring inside the house that sank; there was a separation of the cement application; and there were various other defects in the work. She further asserted that an inspection of Mid South’s work revealed a number of problem areas, including the concrete steps, walkways, driveway, handrails, unleveled floors, and other defects under the house that were yet to be identified. Ms. Simon alleged Mid South failed in its obligations to provide all labor, materials and equipment, and to perform the work listed in a good and workmanlike fashion to the dwelling.