Gulfco of Louisiana, LLC, d/b/a Tower Loan of Cut Off v. Sean A. Eymard, a/k/a Sean Eymard

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
GULFCO OF LOUISIANA, LLC, NO. 2024 CW 0003
D/B/A TOWER LOAN OF CUT OFF

VERSUS

SEAN A. EYMARD, A/K/A SEAN MARCH 13, 2024
EYMARD

In Re: 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

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT