Boone Services, LLC v. Ruston Properties, LLC, and John E. Ruston, III

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

BOONE SERVICES, LLC NO. 2021 CW 0408

VERSUS

RUSTON PROPERTIES, LLC AND JULY 19, 2021
JOHN E. RUSTON, III

In Re: Ruston Properties, LLC and John E. Ruston, III,

applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 668121.

BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.

WRIT DENIED. The criteria set forth in Herlitz Construction
Co., Inc. v. Hotel Investors of New Iberia, Inc., 396 So. 2d 878
La. 1981) ( per curiam) are not met.

VGW
EW

Welch, J., concurs in part and dissents in part. I would
grant the writ in part and deny the writ in part. I would
reverse the judgment of the trial court that overruled the
peremptory exception of no cause of action filed by Ruston
Properties, LLC and John E. Ruston, III. Where the law provided
plaintiff with another remedy, plaintiff fails to state a cause
of action in unjust enrichment. Walters v. MedSouth Record
Mgmt., LLC, 2010- 0353 ( La. 6/ 4/ 10), 38 So. 3d 243, 244. I would
sustain the exception and dismiss the claim of Boone Services,
LLC,
only as to its claim for unjust enrichment, with prejudice.
In all other respects, I would deny the writ.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT