Johnathanio Conley Versus Terrance Kinchen, 2322 West Expressway, L.L.C. and Brian Trascher

JOHNATHANIO CONLEY NO. 25-CA-64

VERSUS FIFTH CIRCUIT

TERRANCE KINCHEN, 2322 WEST COURT OF APPEAL
EXPRESSWAY, L.L.C. AND BRIAN
TRASCHER STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 803-068, DIVISION "H"
HONORABLE DONALD L. FORET, JUDGE PRESIDING

September 24, 2025

TIMOTHY S. MARCEL
JUDGE

Panel composed of Judges Jude G. Gravois,
John J. Molaison, Jr., and Timothy S. Marcel

AFFIRMED
TSM
JGG
JJM

COUNSEL FOR PLAINTIFF/APPELLEE,
JOHNATHANIO CONLEY
Neal J. Favret

COUNSEL FOR DEFENDANT/APPELLANT,
BRIAN TRASCHER AND 2322 WEST EXPRESSWAY LLC
Robert J. Ellis, Jr.

MARCEL, J.

In this case arising from disputed ownership of an immovable property and a

limited liability corporation, defendants Brian Scott Trascher and 2322 West

Expressway, LLC appeal an April 12, 2024 judgment declaring Johnathanio

Conley a member of 2322 West Expressway, LLC and a co-owner of the

immovable property at 2322 Westbank Expressway, Harvey, Louisiana 70058.

For the following reasons, we affirm the judgment of the trial court.

BACKGROUND

The immovable property at 2322 Westbank Expressway was purchased on

December 5, 2013 by 2322 West Expressway, LLC through its member-manager,

Terrance Kinchen. The Articles of Organization show that Mr. Kinchen formed

2322 West Expressway as the sole member-manager on October 4, 2013.

Additional records indicate that Mr. Trascher was added as a “manager” to 2322

West Expressway on or about January 6, 2014. On February 14, 2014, Mr.

Trascher executed a mortgage on the property at 2322 Westbank Expressway with

Gulf Coast Bank and Trust Company. In May of 2016, 2322 West Expressway,

LLC entered into a billboard servitude agreement with Pelican Outdoor

Advertising, Inc. and Gulf Coast Bank and Trust. Included as part of that

agreement was a “Written Consent of the Sole Member of 2322 West Expressway,

LLC” executed by Mr. Kinchen in his capacity as sole member of the LLC and

which listed Mr. Trascher as a manager of the company.

Mr. Conley and Mr. Kinchen entered into a partnership agreement on March

23, 2014 whereby Mr. Conley paid $30,000.00 to Mr. Kinchen in exchange for

30% of the net profits of a business to be located at 2322 Westbank Expressway,

“A New Jerusalem Car Wash”. That agreement also states, “Mr. Conley is not just

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an investor but is also an owner of the business. If the property is sold within 20

years of contract, Mr. Conley will be entitled to 30% of net profit of the sale.”1

A few years later, on June 27, 2017, Mr. Conley and Mr. Kinchen entered

into an “Amended Ownership Agreement” whereby Mr. Kinchen agreed to transfer

30% interest of his interest in the West Expressway, LLC, as well as 30%

ownership in the immovable property to Mr. Conley, in exchange for another

$30,000 payment. An “Act of Transfer” dated June 27, 2017 reflects the transfer

of a 30% ownership interest in the property at 2322 Westbank Expressway to Mr.

Conley.

In January of 2020, Mr. Conley filed a lawsuit against Mr. Kinchen, Mr.

Trascher, and Westbank Expressway, LLC seeking a judicial partition of the

property. In July of 2021, Mr. Kinchen died; he is represented in the suit by the

executrix of his estate. Mr. Kinchen’s estate filed an answer to the petition

denying the allegations made in Mr. Conley’s petition, averring that Mr. Conley

never completed the downpayments, and asserting a cross claim against Mr.

Trascher for executing a mortgage on the property while Mr. Kinchen was the sole

member-owner of the LLC.

In December of 2023, Mr. Trascher and West Expressway, LLC filed a

Petition for Nullity of Sale, Declaratory Judgment and Setting of Bond to Release

Lis Pendens.2 Mr. Trascher argued that, because Mr. Kinchen transferred

ownership in the LLC to him prior to the February 2014 mortgage, all of the

subsequent agreements between Mr. Conley and Mr. Kinchen are invalid. In his

petition, Mr. Trascher sought to be declared sole owner of the property and the

LLC.

1
Mr. Conley claims he was unaware of Mr. Trascher’s involvement and/or the mortgage on the property
at this time.
2
In their prayer for relief, Mr. Trascher and West Expressway, LLC prayed alternatively for the court to
set a bond necessary to cancel a Notice of Lis Pendens filed by Mr. Conley.

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Following a hearing on the merits in March of 2024, the trial judge found in

favor of Mr. Conley and against Mr. Trascher. Particularly, the judge found that

there was never a valid transfer of the interest between Mr. Kinchen and Mr.

Trascher, and therefore the subsequent transfers between Mr. Conley and Mr.

Kinchen were valid. Mr. Trascher filed a motion for a new trial following this

judgment, but it was untimely.

On appeal, Mr. Trascher raises multiple assignments of error, but in

particular argues that the judgment exceeds the scope of the relief prayed for in his

declaratory judgment and the judge manifestly erred in his findings of fact

concerning the transfers of ownership interests. We consider these errors in our

discussion below.

DISCUSSION

Scope of the Declaratory Judgment

We address first whether the judgment of the trial court exceeded the scope

of the relief requested in the Petition for Nullity of Sale filed by Mr. Trascher. A

judgment is the determination of the rights of the parties in an action and may

award any relief to which the parties are entitled. La. C.C.P. art. 1841. Final

judgments shall grant the relief to which the party in whose favor it is rendered is

entitled, even if the party has not demanded such relief in his pleadings and the

latter contain no prayer for general and equitable relief. La. C.C.P. art. 862. As

long as the facts constituting a claim are alleged, the party may be granted any

relief to which he is entitled under the pleadings and the evidence. Gereighty v.

Domingue, 17-339, p. 21 (La. App. 5 Cir. 5/30/18), 249 So.3d 1016, 1032. Courts

of record within their respective jurisdictions may declare rights, status, and other

legal relations whether or not further relief is or could be claimed. La. C.C.P. art.

1871.

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On appeal, defendants argue that the trial court’s judgment exceeded the

scope of the relief requested in their petition for declaratory judgment to recognize

“that Mr. Trascher is the sole acting member of [2322 West Expressway, LLC],

that Mr. Terrance Kinchen lacked the authority to enter into any agreements with

Mr. Johnathanio Conley on behalf of the entity and nullifying the alleged sale.”

Defendants also prayed “that the court issue … a declaratory judgment declaring

that the Act of Transfer between Johnathanio Conley and 2322 West Expressway,

LLC, entered into by Terrance Kinchen, is legally invalid and not enforceable as a

matter of law, and that Mr. Conley is not a member [of] 2322 West Expressway,

LLC.”

The April 12, 2024 judgment on this petition states:

IT IS ORDERED that the rights of the parties are declared to be as
follows:

1. There was no valid transfer of membership interest of 2322 West
Expressway LLC from Terrance Kinchen to Brian Scott Trascher at
any time following the formation of 2322 West Expressway LLC,
and, as such, Brian Scott Trascher is not and has never been a member
of 2322 West Expressway LLC;

2. The March 23, 2014 sale of thirty percent (30%) of the membership
interest of 2322 West Expressway LLC between Terrance Kinchen
and Johnathanio Conley was a valid sale in all respects;

3. From March 23, 2014 onward, Johnathanio Conley was, and
remains, a member of 2322 West Expressway LLC, owning thirty
percent (30%) of the membership interest of 2322 West Expressway
LLC;

4. The June 27, 2017 Act of Transfer purporting to transfer from 2322
West Expressway LLC to Johnathanio Conley ownership of thirty
percent (30%) of the immovable property bearing municipal address
2322 Westbank Expressway, Harvey, Louisiana 70058 was a valid
act;

5. As a result of the validity of the June 27, 2017 Act of Transfer,
Johnathanio Conley is, and has been since June 27, 2017, a co-owner
with 2322 West Expressway LLC of the immovable property bearing
municipal address 2322 Westbank Expressway, Harvey, Louisiana
70058; and

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6. Johnathanio Conley is entitled to sixty percent (60%) of the net
proceeds of any sale of the immovable property bearing municipal
address 2322 Westbank Expressway, Harvey, Louisiana 70058.

Upon review of the pleadings and the judgment, we find defendants’

argument to be without merit. Ownership of the immovable property at 2322

Westbank Expressway, membership in 2322 West Expressway, LLC and the

validity of the transfers of the ownership interests have been issues contested in

this case since it was initially filed in January of 2020. It was not beyond the scope

of pleadings filed by defendants for the judge to declare Mr. Conley possessor of

valid ownership interests in the property or the transfers to be valid; it is merely the

opposite of the relief defendants’ Brian Scott Trascher and 2322 West Expressway,

LLC requested.

Evidentiary Support for the Trial Court’s Findings

On appeal, the scope of review is a determination of whether or not the trial

judge abused his discretion by granting the declaratory judgment. Landry for

Louisiana, Inc. v. Alexander, 20-106, p. 6 (La. App. 5 Cir. 12/16/20), 309 So.3d

408, 413. When a proceeding on a declaratory judgment involves the

determination of an issue of fact, the declaratory judgment can be rendered only

after holding a trial on the merits where each party has an opportunity to present

evidence in a form other than verified pleadings and affidavits. La. C.C.P. art.

1879; Ehlenberger v. Guardian Med. Grp., LLC, 19-446, p. 3 (La. App. 5 Cir.

5/29/20), 298 So.3d 375, 378. The factual findings of the trier of fact are reviewed

under the manifest error standard of review and will not be overturned unless

clearly wrong. Landry for Louisiana, Inc., supra.

At the March 27, 2024 hearing, the parties jointly introduced numerous

documents into evidence, including the agreements between Mr. Conley and Mr.

Kinchen, acts of transfer, pictures of the property, the billboard servitude

agreement, records of 2322 West Expressway, LLC from the Louisiana Secretary

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of State, mortgage documents from Gulf Coast Bank and Trust, and others. In

addition to this documentary evidence, the trial court heard testimony from

multiple witnesses, including Mr. Jason Hernandez, a title attorney, Mr. Trascher,

Mr. Conley, and Mr. George Kinchen, the older brother of Terrance Kinchen.

Mr. Trascher testified that he advised Mr. Kinchen to set up the 2322 West

Expressway, LLC and that Mr. Kinchen transferred 100% ownership of the LLC to

him in January, 2014, in order to secure the bank loan on the property. Mr.

Trascher testified that there was no written purchase agreement documenting the

transfer of Mr. Kinchen’s membership interest in the LLC, and also that he did not

pay Mr. Kinchen anything for his membership interest.

On appeal, defendants argue that the trial court’s finding that Mr. Trascher

was not and has never been a member of 2322 West Expressway, LLC was

manifestly erroneous because Mr. Hernandez, the attorney with Crescent Title who

researched the ownership of the LLC on the Secretary of State website as part of

the February 2014 mortgage agreement with Gulf Coast Bank and Trust, testified

that he believed Mr. Trascher to be the sole member of the LLC based on Mr.

Trascher’s representations and the documents on file with the Secretary of State.

Appellants’ argument disregards entirely Mr. Trascher’s own statements

concerning the purported transfer and the documents jointly presented that list Mr.

Kinchen as a sole member of the LLC.

When findings are based on the credibility of witnesses, the manifest error-

clearly wrong standard demands great deference to the trier of fact’s findings; for

only the factfinder can be aware of the variations in demeanor and tone of voice

that bear so heavily on the listener’s understanding and belief in what is said.

Jurado v. Phillips, 23-373, p. 3 (La. App. 5 Cir. 3/28/24), 384 So.3d 1155, 1158

(citing Rosell v. ESCO, 549 So.3d 840, 845 (La. 1989)). Where the factfinder’s

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determination is based on its decision to credit the testimony of one or two or more

witnesses, that finding can virtually never be manifestly erroneous. Id.

In this case, the trial court clearly made a factual finding concerning the

purported transfer of ownership interest in the LLC between Mr. Kinchen and Mr.

Trascher based on the credibility of Mr. Trascher’s testimony. Upon review of the

evidence presented, we find no manifest error in the trial court’s factual finding

that there was no valid transfer of an ownership interest in 2322 West Expressway,

LLC from Mr. Kinchen to Mr. Trascher.

Appellants remaining assignments of error concerning the validity of the

agreements between Mr. Conley and Mr. Kinchen and the prescription of Mr.

Conley’s claims are all contingent upon a finding that Mr. Trascher is a valid

member of 2322 West Expressway, LLC. Given our decision to uphold the trial

court’s finding that Mr. Trascher is not a member of the LLC, appellants’

assignments of error are rendered moot. The judgment of the trial court is

affirmed.

AFFIRMED

25-CA-64 7

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
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JUDGES 101 DERBIGNY STREET (70053)
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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 24, 2025 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL
PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

25-CA-64
E-NOTIFIED
24TH JUDICIAL DISTRICT COURT (CLERK)
HONORABLE DONALD L. FORET (DISTRICT JUDGE)
NEAL J. FAVRET (APPELLEE) ROBERT J. ELLIS, JR. (APPELLANT) SALVADOR I. BIVALACQUA
ROBERT L. MARRERO (APPELLEE) (APPELLANT)

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