Opinion
No. 15072.
June 28, 1983. Rehearing Denied August 23, 1983.
APPEAL FROM TWENTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY, STATE OF LOUISIANA, HONORABLE THOMAS W. TANNER, J.
Leonard A. Young, New Orleans, for plaintiff, appellee.
Frank M. Repass, III, Tom W. Thornhill, Slidell, for defendant, appellant.
Before COVINGTON, LANIER and ALFORD, JJ.
This is a companion case to "James E. Daspit, et al. versus Ellen Tooley Swann, et al.", 436 So.2d 606, and "Ellen T. Swann versus James E. Daspit," 436 So.2d 611. This appeal was originally dismissed as untimely 411 So.2d 1173, but has been reinstated on order of the Louisiana Supreme Court in "U.S. Fire Insurance Company versus Ellen Tooley Swann, et al.," 424 So.2d 240 (La. 1982).
The evidence in the record establishes that U.S. Fire paid the amount of $75,000.00 to the Daspits, its insureds, as a result of the fire caused by the fault of Swann and was subrogated to their rights to the extent of the payment. For the reasons assigned in the companion case of "James E. Daspit versus Ellen Tooley Swann, et al.," 436 So.2d 606, we amend the judgment of July 15, 1981 to accord with the October 2, 1981 amended judgment, and as amended affirm the judgment appealed. Costs of this appeal are to be borne equally by appellant and appellee.
On August 1, 1979 on motion of Swann, the U.S. Fire suit was consolidated with the two other lawsuits. Trial on the merits of the three consolidated suits was held on November 5, 1980. On July 9, 1981 the trial judge issued reasons for judgment in the matter. Essentially the lower court found that fault lay with Swann because the fire was caused by defective wiring in the building. He found that the damages to which the Daspits were entitled amounted to $105,000.00; that Swann was entitled to recover from the Daspits $25,548.18 (plus interest and attorney's fees), the balance due on the Daspits' promissory note; and that JAMES E. DASPIT and his wife JANET S. DASPIT d/b/a SWANN SUPPLY VERSUS ELLEN TOOLEY SWANN, widow of FRANCIS E. SWANN, Individually and Administratrix of the Succession of FRANCIS E. SWANN United States Fire, as subrogee, was entitled to a $75,000.00 portion of the $105,000.00 Daspit damages. Thus he recited that the court would award the Daspits the sum of $105,000.00 subject to the claim of United States Fire Insurance Company in the amount of $75,000.00 and the claim of Mrs. Swann. The trial judge concluded his reasons by reciting, "the court will sign a judgment in accordance with these reasons when one is presented to it." The reasons for judgment were issued under the following caption and number: NUMBER 54668 22ND JUDICIAL DISTRICT COURT PARISH OF ST. TAMMANY STATE OF LOUISIANA
AMENDED AND AFFIRMED.