Ashton R. O'dwyer, Jr. and Alexis O'Dwyer Navarro Versus The Metairie Towers Condominium Association Board President Ronald T. Carter, Individually, and Board Member Jennifer Fagan, Individually, Advanced Property Restoration Services, LLC and Its Owner Jason Houp, Individually, Strategic Claim Consultants, LLC and Its Owner Brandon Lewis, Individually, Gno Property Management, LLC and Its President Robert Kirk Phillips, Individually, Jack K. Whitehead, Jr (A Professional Law Corporation) and Jack K. Whitehead, Jr., Individually, and Cynthia Bologna, Individually, and the Loeb Law Firm, LLC, J.bartholomew Kelly III, Individually, and Alvendia, Kelly & Demarest, LLC, Charles E. Sutton, Indivdually, and Sutton Law Firm, LLC, Brian D. Grubb, Individually, and Gravis Law Pllc, and Certain Underwriters at Lloyd's, London Subscribing to Commercial Lines Policy No. Pxa0001321-01

ASHTON R. O'DWYER, JR., ET AL NO. 24-CA-594

VERSUS FIFTH CIRCUIT

THE METAIRIE TOWERS CONDOMINIUM COURT OF APPEAL
ASSOCIATION BOARD PRESIDENT, ET AL
STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 849-260, DIVISION "N"
HONORABLE STEPHEN D. ENRIGHT, JR., JUDGE PRESIDING

September 25, 2025

MARC E. JOHNSON
JUDGE

Panel composed of Judges Marc E. Johnson,
Stephen J. Windhorst, and Timothy S. Marcel

AFFIRMED
MEJ
SJW
TSM

PLAINTIFF/APPELLANT,
ASHTON R. O'DWYER, JR.
In Proper Person

COUNSEL FOR DEFENDANT/APPELLEE,
CERTAIN UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING TO
POLICY NO. PXA-0001321-01
Lori D. Barker
Ashley E. Bane
Victoria E. Pitre

JOHNSON, J.

Plaintiff/Appellant, Ashton R. O’Dwyer, Jr., appeals the trial court’s

judgment sustaining peremptory exceptions of no cause of action, no right of

action, and prescription and dismissing his claims in favor of

Defendants/Appellees, Certain Underwriters at Lloyd’s, London Subscribing to

Policy No. PXA0001321-01, which was rendered in the 24th Judicial District

Court, Division “N”. For the following reasons, we affirm the trial court’s

judgment.

FACTS AND PROCEDURAL HISTORY

This is Mr. O’Dwyer’s second appeal taken in this proceeding. The

following pertinent facts are recited in the first appeal, O’Dwyer v. Metairie

Towers Condominium Association Board President, 24-277, p. 1 (La. App. 5 Cir.

1/29/25), 404 So.3d 1059, 1063, writ denied, 25-282 (La. 5/20/25), 409 So.3d 216:

This matter arises from damages sustained to the Metairie
Towers condominium complex on August 29, 2021, during Hurricane
Ida, as well as a second incident on September 28, 2021 that allegedly
caused additional damage to the property. Metairie Towers is a 219-
unit condominium building located at 401 Metairie Road in Metairie,
Louisiana. Mr. O’Dwyer alleges that he owns Unit 330, as well as an
undivided interest in the common areas of the condominium complex.
The Metairie Towers Condominium Association, Inc. (“MTCA”) is a
non-profit corporation that manages the property through its Board of
Directors.

On November 27, 2023, Mr. O’Dwyer filed this lawsuit alleging
that the MTCA’s Board of Directors failed to secure adequate insurance
for the property, squandered over $30 million dollars of insurance
proceeds, and mishandled the repairs to the condominium complex. In
addition to suing the Board of Directors and certain members, Mr.
O’Dwyer also sued the MTCA’s insurer, Certain Underwriters at
Lloyd’s, London, as well as contractors, property managers,
consultants, attorneys, and public adjusters hired by the Board of
Directors. Mr. O’Dwyer contends that the MTCA improperly paid the
insurance proceeds to these individuals and entities, rather than
utilizing them to repair Metairie Towers. Mr. O’Dwyer also contends
that unit owners were repeatedly assured that the insurance proceeds
would be sufficient to repair the property. However, he alleges that
after two years, the Board of Directors reversed course in September
2023 and advised the unit owners that the remaining insurance proceeds
were insufficient to rebuild the condominium complex, that the rebuild

24-CA-594 1

would require a large assessment against the unit owners, and that the
unit owners should sell the property rather than attempting to rebuild it.
Mr. O’Dwyer filed his petition for damages shortly thereafter, in
November 2023.

In his petition1, Mr. O’Dwyer generally alleged that Certain Underwriters at

Lloyd’s, London (hereinafter referred to as “Underwriters”) breached its duties

under tort law, contract law, and warranty law in the handling of the claims

associated with Policy No. PXA0001321-01 (hereinafter referred to as “the

Policy”). He argued that Underwriters owed him the duty of good faith and fair

dealing, which included an affirmative duty to fairly and promptly adjust the

insurance claims arising out of the damage to his property at Metairie Towers and

to make a reasonable effort to settle the claims following receipt of satisfactory

proof of loss. Mr. O’Dwyer contended that Underwriters colluded with certain co-

defendants to procure their names in release documents and walk away from what

he described as “the train wreck” that Underwriters had engineered through their

alleged bad faith and mismanagement of the hurricane damage repair project, when

Underwriters’ own expert Building Consultant had opined should have been

completed for the expenditure of less than $5 million. He also argued that he had

the legal standing necessary to sue Underwriters directly because he paid the

premiums for the Policy intended to cover the costs to repair the damages to the

individual units. Mr. O’Dwyer further contended the “Declaration of

Condominium” in MTCA’s “Condominium Documents” and the provisions of the

Louisiana Condominium Act, specifically La. R.S. 9:1123.112, provided that the

issuance of an insurance policy for a condominium association was for the use and

benefit of the unit owners.

1
Mr. O’Dwyer’s petition also captioned Alexis O’Dwyer Navarro as a plaintiff. Underwriters’
exceptions of no right of action, no cause of action, and prescription were sustained against Mrs. Navarro,
in addition to Mr. O’Dwyer. However, Mrs. Navarro did not appeal the trial court’s judgment; thus, this
opinion does not pertain to the rulings rendered against her. See, Healthlogic Partners, L.L.C. v. Owen,
22-47 (La. App. 5 Cir. 11/2/22), 362 So.3d 824, 842, writ denied, 22-1885 (La. 2/24/23), 356 So.3d 334;
Anderson v. Anderson, 20-186 (La. App. 5 Cir. 12/23/20), 309 So.3d 868, 878.

24-CA-594 2

In opposition to Mr. O’Dwyer’s petition, Underwriters filed peremptory

exceptions of no cause of action, no right of action, and prescription. In its motion,

Underwriters averred Mr. O’Dwyer had neither a cause of action nor a right of

action because the Policy provided for the payment of a covered loss to covered

property in excess of the applicable policy deductible solely to MTCA—the name

insured—and the Policy did not provide for payment to individual unit owners or a

stipulation pour autrui. It maintained that the Policy, when read in conjunction

with La. R.S. 9:1123.112, only benefitted the named insured, with all payments to

be made to the named insured, with MTCA holding all such funds in trust and

making the appropriate allocations to unit owners—if there were funds available

after making repairs for the common elements. It also maintained that Mr.

O’Dwyer’s bad faith claim failed under La. R.S. 22:1892 and 1973 because those

circumstances only apply to liability coverages, and the Policy provided coverage

exclusively for commercial first party insurance, meaning there could be no

liability to non-insureds. Underwriters further averred that Mr. O’Dwyer’s petition

was filed outside of the two-year provision in the Policy from the underlying

events, making any claims under the Policy and/or La. R.S. 22:1892 or 1973

prescribed.

To counter Underwriters’ exceptions, Mr. O’Dwyer filed an opposition

memorandum on August 16, 2024, arguing that his petition was primarily premised

upon La. C.C. art. 2315; and, his allegations had to be accepted as true, in the

absence of evidence to the contrary. He then asserted that MTCA owned no

property and never had an insurable interest in the 401 Metairie Road property,

which caused the individual unit owners to be the intended insurers of the Policy.

Alternatively, he requested reformation of the Policy to reflect the individual unit

owners as the named insurers or third-party beneficiaries. Mr. O’Dwyer also

argued that his claims of collusion and fraud were not prescribed because they

24-CA-594 3

were continuing torts that were started with the December 2022 mediation,

rendering his November 2023 filing timely.

The hearing on Underwriters’ exceptions were heard by the trial court on

August 19, 2024. Although he was present via Zoom, Mr. O’Dwyer was

prohibited by the trial court from presenting an oral argument. At the conclusion

of the hearing, the trial court orally sustained Underwriters’ peremptory

exceptions. A written judgment sustaining the exceptions was rendered on

September 10, 2024, dismissing all of Mr. O’Dwyer’s claims against Underwriters.

The instant appeal followed.

ASSIGNMENTS OF ERROR

On appeal, Mr. O’Dwyer alleges that the trial court erred in summarily

sustaining Underwriters’ peremptory exceptions of no right of action, no cause of

action, and prescription.2

LAW AND ANALYSIS

Exception of No Right of Action

Mr. O’Dwyer alleges that the trial court erred in sustaining Underwriters’

2
In his appellate brief, Mr. O’Dwyer specifically raises the following allegations:

1. It was error for Judge Enright to have summarily granted [Underwriters’] Peremptory
Exceptions of No Cause of Action, No Right of Action, and Prescription, and to have
dismissed all of [Mr. O’Dwyer’s] claims against [Underwriters] with prejudice.
2. It was error for Judge Enright to have summarily granted [Underwriters’] Peremptory
Exceptions without giving due consideration to [Mr. O’Dwyer’s] verified and
uncontradicted record evidence.
3. It was error for Judge Enright to have summarily granted [Underwriter’s] Peremptory
Exceptions when the applicable case law is to the effect that [Mr. O’Dwyer’s] pleaded
allegations should have been taken as true.
4. It was error for Judge Enright to have summarily granted [Underwriters’] Peremptory
Exceptions without affording him a fair opportunity for any discovery whatsoever,
particularly given the fact-intensive nature of the wide-ranging issues in this case,
including particularly, but without limitation, issues regarding “intent, motive, malice,
knowledge or good faith” and the like. See Zydeco’s II, LLC v. Certain Underwriters
at Lloyds’, [19-562 (La. App. 5 Cir. 5/28/21), 356 So.3d 345], which acknowledged:
“the inherent difficulties of in proving intent,” and Maggio v. Parker, [17-1112 (La.
6/27/18), 250 So.3d 874], which acknowledged: “rarely appropriate for [summary]
determination.”
5. It was error for Judge Enright to have summarily, and prematurely, granted
[Underwriters’] Peremptory Exceptions without giving [Mr. O’Dwyer] a fair
opportunity for adequate discovery while numerous genuine issues of material fact
obviously exist in this case, which is still in its infancy, including particularly, but
without limitation, issues regarding the applications for, the writing of, and the
issuance and delivery of the [Underwriters’] policies, inter alia. See by analogy

24-CA-594 4

exception of no right of action. He argues that his petition contains claims of fraud

and bad faith on the part of Underwriters through the breaching of the duties of

good faith and fair dealing, to adjust claims promptly, and to make a reasonable

effort to settle claims with the insured or the claimant. He accuses Underwriters

and its attorneys of colluding with other defendants to fraudulently adjust the

Hurricane Ida damages claim for Metairie Towers, ignoring the contractual and

legal rights of the unit owners. Mr. O’Dwyer contends Underwriters helped

engineer a “train wreck” involving the inflation of the repair costs for Metairie

Towers and ultimate sale of the building through its “intentional, incompetent,

negligent, dishonest, deceitful, and collusive and conspiratorial acts, errors, and

omissions,” which breached the insurance contract and Underwriters’ duties owed

to MTCA and the third-party claimants, the unit owners.3

Mr. O’Dwyer further argues that his petition alleges contractual and

delictual claims pursuant to a stipulation pour autrui. He claims Underwriters

issued an incompetently written policy that ignored the insurance provisions of the

Francois v. Ports America Louisiana, LLC, [20-440 (La. App. 4 Cir, 3/10/12), 314
So.3d 894], addressing CCP Art. 966.
6. It was error for Judge Enright to have failed to reform the policy to identify [Mr.
O’Dwyer] and his co-owners as “insureds,” to properly identify the property which
[Underwriters] insured, and to otherwise reform the policy so that it conformed with
the requirements of the Louisiana Insurance Code, the Insurance provisions of the
Louisiana Condominium Act, and the governing Condominium Documents.
7. It was error for Judge Enright to have failed to address and to give effect to the legal
ramifications of [Mr. O’Dwyer] having pleaded: “dishonesty, fraud, misrepresentation,
and colluding and/or conspiring with others to commit same,” and to recognize that, in
Louisiana, fraud may result from silence or inaction. CC Art. 1953.
8. It was error for Judge Enright to have summarily granted [Underwriters’] Peremptory
Exception of Prescription, when issues of fact swirled around when [Mr. O’Dwyer’s]
causes of action against [Underwriters] accrued ([Mr. O’Dwyer] avers it was on
December 7, 2022, when [Mr. O’Dwyer] was advised that Claim I had “settled”), and
because Smith v. Citadel Insurance Co., [19-52 (La. 10/22/19), 285 So.3d 1062] held
that even “hybrid” relationships of insurer and insured arising from quasi-contractual
relationship are subject to a 10-year prescriptive period. Additionally, [Mr.
O’Dwyer’s] prior Federal Court lawsuit against [Underwriters’] solidary obligors
interrupted prescription against [Underwriters]. CC Art. 1799.
9. It was error for Judge Enright to impose the Draconian Sanction upon [Mr. O’Dwyer]
of not being permitted to argue his case or give affirmative testimony under oath at the
“hearing” on August 19, 2024, merely because [Mr. O’Dwyer’s] Opposition
Memorandum was “one day late.”
3
Mr. O’Dwyer specifically claims that Underwriters was involved in a less than $5,000,000
repair project, according to a November 15, 2021 report, that “mysteriously transformed into ‘an over $30
million demolition job’ by parties unknown and for reasons unknown.”

24-CA-594 5

Louisiana Insurance Code, the Louisiana Condominium Act, and the governing

Condominium Documents for Metairie Towers by issuing a commercial policy to

MTCA, a nonprofit corporate entity that has no insurable interest in the property.

He contends that the purpose of the insurance policy provided by Underwriters to

MTCA was for the benefit of the unit owners of the complex who paid the over

$100,000 premium on the Policy.

Conversely, Underwriters maintains that the trial court properly sustained its

exception of no right of action because Mr. O’Dwyer is not a named insured,

additional insured, or third-party beneficiary under the commercial property

insurance policy issued to MTCA. It contends that the Policy is clear and

unambiguous in its naming of MTCA as the sole insured, and the Policy neither

includes individual unit owners in any capacity nor contains any provision granting

insured status to all unit owners. It further contends that the Louisiana

Condominium Act provides that any loss covered by a property insurance policy

issued to a condominium association for the building’s common elements are

required to be adjusted with the association, but the insurance proceeds for that

loss are required to be payable to any insurance trustee designated for that purpose;

and, the unit owners are only entitled to recover from the condominium

association—not the insurer—funds remaining after repair of the common

elements.

In O’Dwyer, supra, this Court explained the exception of no right of action

and the appellate court’s review of it by stating the following:

The exception of no right of action is a peremptory exception,
the function of which is to have an action declared legally nonexistent
or barred by law and tends to dismiss or defeat the action. La. C.C.P.
arts. 923 and 927. An exception of no right of action assumes that the
petition states a valid cause of action and tests whether the plaintiff has
the capacity or legal interest in judicially enforcing the right asserted.
Krebs, Lasalle, Lemieux Consultants, Inc. v. G.E.C., Inc., 16-24 (La.
App. 5 Cir. 7/27/16), 197 So.3d 829, 831. When the facts alleged in
the petition provide a remedy under the law to someone, but the plaintiff

24-CA-594 6

who seeks the relief is not the person in whose favor the law extends
the remedy, the proper objection is no right of action, or want of interest
in the plaintiff to institute the suit. Howard v. Administrators of Tulane
Educational Fund, 07-224 (La. 7/1/08), 986 So.2d 47, 59.

Whether a plaintiff has a right of action is a question of law
subject to de novo review. Wallace C. Drennan, Inc. v. Kerner, 21-664
(La. App. 5 Cir. 8/17/22), 348 So.3d 194, 199. The party raising the
exception has the burden of proving the exception. Roubion Shoring
Company, LLC v. Crescent Shoring, LLC, 16/540 (La. App. 5 Cir.
5/17/17), 222 So.3d 921, 925. Evidence is admissible in support of the
exception of no right of action. La. C.C.P. art. 931. In instances when
evidence has been introduced at the hearing on a peremptory exception
the trial court’s findings of fact are subject to the manifest error-clearly
wrong standard of review. State ex rel. Caldwell v. Molina Healthcare,
Inc., 18-1768 (La. 5/8/19), 283 So.3d 472, 477.

O’Dwyer, 404 So.3d at 1065-66.

At the lower court, Mr. O’Dwyer failed to timely submit his brief in

opposition to Underwriters’ exceptions of no right of action, no cause of action,

and prescription, and he was not allowed by the trial court to present any oral

argument at the hearing on the exceptions.4 Underwriters presented several

exhibits to support its exceptions, including Policy No. PXA0001321-01, which

were all accepted into evidence by the trial court. At the conclusion hearing, the

trial court permitted Mr. O’Dwyer to proffer evidence.5 Accordingly, because

evidence was introduced and accepted at the hearing, our review of the trial court’s

ruling findings of fact on the exception of no right of action is subject to the

4
La. District Court Rules, Rule 9.9, states in pertinent part:

(c) The party who opposes an exception or motion shall concurrently furnish the
trial judge and serve on all other parties an opposition memorandum so it is received at
least eight calendar days before the schedule hearing, except for motions for summary
judgment, which delays are established by La. Code Civ. Proc. Art. 966.

***
(e) Parties who fail to comply with paragraphs (b) and (c) of this Rule may forfeit
the privilege of oral argument.

At the hearing on Underwriters’ exceptions, the trial court did not allow Mr. O’Dwyer to present an oral
argument, finding that Mr. O’Dwyer’s opposition memorandum was untimely filed on August 16, 2024.
As a result, Mr. O’Dwyer did not have the opportunity to introduce evidence to the trial court for
admission. Pursuant to La. District Court Rules, Rule 9.9, we find that the trial court did not err in
prohibiting Mr. O’Dwyer from presenting an oral argument at the exceptions hearing.
5
The evidence was comprised of his testimony, various emails, and pleadings concerning the
litigation.

24-CA-594 7

manifest error-clearly wrong standard of review. See, O’Dwyer, supra.

An insurance policy is a contract between the parties and should be

construed using the general rules of interpretation of contracts. Allday v. Newpark

Square I Office Condominium Association, Inc., 20-358 (La. App. 5 Cir. 8/18/21),

327 So.3d 566, 576. The judiciary’s role in interpreting an insurance contract is

“to ascertain the common intent of the insured and the insurer as reflected by the

words in the policy.” Ledet v. Fabian Martins Construction, LLC, 18-133 (La.

App. 5 Cir. 10/17/18), 258 So.3d 1058, 1065. The parties’ intent, as reflected by

the words in the policy, determines the extent of coverage. Id. Such intent is to be

determined in accordance with the plain, ordinary and generally prevailing

meaning of the words used in the policy, unless the words have acquired a

technical meaning. Id. When the words of an insurance contract are clear and

explicit and lead to no absurd consequences, courts must enforce the contract as

written and make no further interpretation in search of the parties’ intent. Id.

Insurance policies should not be interpreted in an unreasonable or strained manner

under the guise of contractual interpretation to enlarge or to restrict its provisions

beyond what is reasonably contemplated by unambiguous terms or to achieve an

absurd conclusion. Id. If, however, an ambiguity remains after applying the

general rules of contractual interpretation to an insurance contract, the ambiguous

contractual provision must be construed against the insurer who furnished the

wording of the contract and in favor of the insured. Id. A party seeking recovery

under an insurance contract must be a named insured, additional insured, or a third-

party beneficiary of the contract. Id. at 1066.

A review of the Policy shows MTCA as the only named insured for the

commercial line policy on the property located at 401 Metairie Road. The Policy

provided commercial property coverage that covered the building and the personal

property of MTCA. The individual unit owners of the 401 Metairie Road property

24-CA-594 8

were not expressly named as insureds of the Policy. As a result, the unit owners

are not express parties to the insurance contract. Mr. O’Dwyer claims that he has a

right to bring the instant action against Underwriters because, as an individual unit

owner, he paid the premiums on the Policy for MTCA. However, mere payment or

reimbursement of insurance premiums by a plaintiff to an insurance provider does

not create a right to recovery under an insurance policy, when the plaintiff is not

the named insured and is nowhere named in the policy. Haddad v. Elkhateeb, 10-

214 (La. App. 4 Cir. 8/11/10), 46 So.3d 244, 257. Consequently, the alleged

payment of the premium by the individual unit owners does not in itself create an

actionable legal relationship against Underwriters.

Next, Mr. O’Dwyer has alleged various theories of recovery in his petition;

however, all of his theories essentially seek recovery from Underwriters for claims

arising from the handling of the Policy for Hurricane Ida and the September 28,

2021 event. Thus, whether a stipulation pour autrui in favor of Mr. O’Dwyer

between MTCA and Underwriters in the Policy exists must be determined.

In O’Dwyer, supra, Mr. O’Dwyer asserted a similar third-party beneficiary

argument against a law firm hired to represent MTCA. This Court explained the

following regarding the general law of stipulation pour autrui:

La. C.C. art. 1978 provides that a “contracting party may
stipulate a benefit for the third person called a third party beneficiary.” 6
Such a contract is commonly referred to as a stipulation pour autrui in
Louisiana. Joseph v. Hosp. Service Dist. No. 2 of Parish of St. Mary,
05-2364 (La. 10/15/06), 939 So.2d 1206, 1211. The Louisiana Civil
Code does not provide an “analytic framework for determining whether
a third-party beneficiary contract exists” in a particular case. Id. At
1212. The Louisiana Supreme Court, however, has held that there are
three criteria for determining whether contracting parties have provided
a benefit for a third party and requires a review of whether: (1) the
stipulation for a third party is manifestly clear; (2) there is certainty as
to the benefit provided the third party; and (3) the benefit is not a mere
6
La. C.C. art. 1978 was amended by Acts 2025, No. 488, § 1, which became effective on August
1, 2025. The Article has been amended to state, “A contracting party may stipulate a benefit for a third
person called a third-party beneficiary. Once the third-party beneficiary has manifested his intention to
avail himself of the benefit, the parties may not dissolve the contract by mutual consent without the
beneficiary’s agreement.”

24-CA-594 9

incident of the contract between the promisor and the promisee. Id.

Pursuant to La. C.C. art. 1981, “[t]he stipulation gives the third
party beneficiary the right to demand performance from the promisor.”7
Each case must be decided on a case-by-case basis, and “[e]ach contract
must be evaluated on its own terms and conditions in order to determine
if the contract stipulates a benefit for a third person.” Joseph, 939 So.2d
at 1212. A stipulation for the benefit of a third party is never presumed,
and the party claiming the benefit bears the burden of proof. Id. “The
most basic requirement of a stipulation pour autrui is that the contract
manifests a clear intention to benefit the third party; absent such a clear
manifestation, a party claiming to be a third-party beneficiary cannot
meet his burden of proof. Id.

Id. at 1068. (Footnotes added to original).

As mentioned earlier, the individual unit owners are not listed as named

insureds on the Policy; MTCA is the only named insured. Additionally, Mr.

O’Dwyer has failed to cite to a specific provision in the Policy that clearly

manifests an intent for any benefit for the individual unit owners by MTCA and

Underwriters.8 The words of the Policy between MTCA and Underwriters are

clear, explicit, and lead to no absurd consequences; thus, it must be enforced as

written. Consequently, we find that Mr. O’Dwyer does not enjoy a third-party

beneficiary status through a stipulation pour autrui in the Policy or a beneficiary

status of an expressed insured; and, he has no right of action against Underwriters

for the various theories of recovery arising from the handling of the Policy for

Hurricane Ida and the September 28, 2021 event. Accordingly, we find that the

trial court did not err in sustaining Underwriters’ exception of no right of action

against Mr. O’Dwyer and dismissing his claims against it.

Because we have determined that Mr. O’Dwyer’s claims against

7
La. C.C. art. 1981 was also amended by Acts 2025, No.488, § 1, which became effective on
August 1, 2025. The Article has been amended to state, “The stipulation gives the third-party beneficiary
the right to demand performance from the promisor. Also the stipulator, for the benefit of the third-party
beneficiary, may demand performance from the promisor.”
8
We have reviewed Mr. O’Dwyer’s proffered evidence in opposition to Underwriters’
exceptions. Even if Mr. O’Dwyer’s proffered evidence had been admitted by the trial court, we have not
discovered anything to indicate a stipulation pour autrui between Underwriters and MTCA for the benefit
of the individual unit owners.

24-CA-594 10

Underwriters were properly dismissed as a result of the exception of no right of

action, we pretermit discussion of Mr. O’Dwyer’s remaining assignments of error.

DECREE

For the foregoing reasons, we affirm the trial court’s September 10, 2024

judgment sustaining Underwriters’ peremptory exceptions and dismissing Mr.

O’Dwyer’s claims against Underwriters. Mr. O’Dwyer is assessed the costs of this

appeal.

AFFIRMED

24-CA-594 11

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. TRAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED
IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY
SEPTEMBER 25, 2025 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL
PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-CA-594
E-NOTIFIED
24TH JUDICIAL DISTRICT COURT (CLERK)
HONORABLE STEPHEN D. ENRIGHT, JR. (DISTRICT JUDGE)
ANDRE C. GAUDIN (APPELLEE) BRANDI F. ERMON (APPELLEE) CRAIG J. CANIZARO (APPELLEE)
JEFFREY K. PRATTINI (APPELLEE) MICHAEL D. LANE (APPELLEE) CHRISTOPHER H. IRWIN (APPELLEE)
EDWARD W. TRAPOLIN (APPELLEE) GUS A. FRITCHIE, III (APPELLEE) J. ANDREW MIERAS (APPELLEE)
KATHRYN W. MUNSON (APPELLEE) RICHARD C. STANLEY (APPELLEE) ASHLEY E. BANE (APPELLEE)
KEVIN W. WELSH (APPELLEE) LORI D. BARKER (APPELLEE) VICTORIA E. PITRE (APPELLEE)
VIRGINIA Y. DODD (APPELLEE)

MAILED
ALEXIS O'DWYER NAVARRO (APPELLEE) ASHTON R. O'DWYER, JR. (APPELLANT) HEATHER S. DUPLANTIS (APPELLEE)
1116 MONTICELLO AVENUE 2829 TIMMONS LANE ATTORNEY AT LAW
JEFFERSON, LA 70121 UNIT 143 400 CONVENTION STREET
HOUSTON, TX 77027 SUITE 1100
BATON ROUGE, LA 70802