Michael Bergeron, Paul Bergeron, And Leah Bergeron Jones v. Mary Beth Andersen, Amy Bergeron, And Gregory Bergeron

Supreme Court of Louisiana
April 05, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
MICHAEL BERGERON, PAUL BERGERON,
AND LEAH BERGERON JONES
VS.
MARY BETH ANDERSEN, AMY BERGERON,
AND GREGORY BERGERON
No. 2022-C-00150
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I
N RE: Mary Beth Andersen - Applicant Defendant; Amy Bergeron - Applicant
Defendant; Gregory Bergeron - Applicant Defendant; Applying For Writ Of
Certiorari, Parish of Pointe Coupee, 18th Judicial District Court Number(s) 48451,
Court of Appeal, First Circuit, Number(s) 2021 CA 0008;
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April 05, 2022
Writ application granted. See per curiam.
Hughes, J., dissents and would deny.
PDG
JLW
SJC
JTG
WJC
JBM
04/05/2022 "See News Release 015 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-C-00150
MICHAEL BERGERON, PAUL BERGERON, AND LEAH BERGERON
JONES
VS.
MARY BETH ANDERSEN, AMY BERGERON, AND GREGORY
BERGERON
On Writ of Certiorari to the Court of Appeal, First Circuit, Parish of Pointe
Coupee
PER CURIAM
Writ granted and reversed. As observed by Judge McClendon, the clear
language of the escalation clauses state that they were valid “up to the deadline of
11:59.” 11:59 is not midnight. See La. C.C. arts. 2046 and 2047. However inartfully
drawn, a party may not create an ambiguity where none exists. See Campbell v.
Melton, 01-2578, pp. 8-9, (La. 5/14/02), 817 So.2d 69, 76. “It is not the province of
the courts to relieve a party of a bad bargain, no matter how harsh.” Gibbs Const.
Co., Inc. v. Thomas, 500 So.2d 764, 768 (La. 1987). Accordingly, the offers of
Gregory Bergeron —submitted at 11:59:57 —were made after the expiration of
Michael Bergeron’s escalation clauses. The judgment of the trial court is reversed.
REVERSED
04/05/22