2024CW0614 Nonprecedential Writ granted Processed

Troy Gatutrau, Jr and Kristin Gautreau v. SLC Development of Ascension, LLC, Suzanna Beringer, Nicole Cromwell Rowell, South Louisiana Group, LLC

Louisiana Court of Appeal, First Circuit · Filed December 3, 2024

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Opinion text

COURT OF APPEAL, FIRST CIRCUIT

TROY GAUTREAU, JR. AND NO. 2024 CW 0614
KRISTIN GAUTREAU

001

SLC DEVELOPMENT OF
ASCENSION, LLC AND SUZANNA
BEIRIGER, NICOLE CROTWELL
ROWELL, SOUTH LOUISIANA
GROUP, LLC

CONSOLIDATED WITH

TROY JAMES GAUTREAU, JR. AND
KRISTIN ZIEGLER GAUTREAU

VERSUS

DWIGHT D. POIRRIER AND THE
DECEMBER 3, 2024
SECURITY TITLE GUARANTEE
CORPORATION OF BALTIMORE

In Re: Dwight D. Poirrier, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No. 123051
c/ w 123111.

BEFORE: WOLFE, MILLER, AND GREENE, Ji.

WRIT GRANTED. The June 3, 2024 judgment denying the motion
for summary judgment filed by defendant, Dwight D. Poirrier, is
reversed. On de novo review, we find that defendant established
summary judgment was proper as to the third element of the
plaintiffs' legal malpractice claim, loss causation. The burden
then shifted to plaintiffs, who failed to produce evidence
sufficient to establish the existence of a genuine issue of

material fact as to whether the incorrect property description in
the act of sale caused them damages. See Brunswick Seafood, Inc.
v.
Williams Law Group, LLC, 2017- 1022 ( La. App. 1st Cir. 1/ 8/ 19),
2019 WL 139377, * 3( unpublished), writ denied, 2019- 0335 ( La.
4/ 29/ 19), 268 So. 3d 1022. Accordingly, the motion for summary
judgment filed by Dwight D. Poirrier is granted and the claims of
Troy James Gautreau, Jr. and Kristin Ziegler Gautreau asserted
against him are dismissed with prejudice.

EW
SMM
HG

COURT OF APPEAL, FIRST CIRCUIT

71
N J
DEPUTY CLERK OF COURT
FOR THE COURT