Cited by
Opinions in Louisiana that cite Governor Claiborne Apartments, Inc. v. Attaldo, 235 So. 2d 574.
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Dennis Gibson, Individually and on Behalf of All Others Similarly Situated v. National Healthcare of Leesville,inc. D/B/A Byrd …
La. Ct. App. 3d Cir. 2023
Governor Claiborne Apartments, So.
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Matthew A. Dephillips, Individually, And On Behalf Of
La. 2020
Governor Claiborne Apartments, (1970) (“While assent to a contract may be implied, that implication must be established and cannot be presumed.”).
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Commercial Brokers, Inc. D/B/A re/max Commercial Brokers, Inc. and Robert E. Talbot, Inc. D/B/A Talbot Realty Group v. …
La. Ct. App. 4th Cir. 2020
1979) (quoting Governor Claiborne Apartments, So.2d 574 (1970)).
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Succession of Sigur v. Henritzy
126 So. 3d 529
La. Ct. App. 1st Cir. 2013
Reconduction occurs “ ‘when a fixed-term lease expires and the lessee without opposition continues to occupy the premises for more than a week.’ ” Southern Ventures Corp. v. Texaco, Inc., 372 * (quoting Governor Claiborne Apartments, , (1970)).
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Sauer/Owner v. Johnson
106 So. 3d 724
La. Ct. App. 4th Cir. 2012
In reaching that ruling, the Granger court relied on the case of Governor Claiborne Apartments, , which stated: While assent to a contract may be implied, that implication must be estab *730 lished and cannot be presumed.
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Jacqueline Granger as Independent Adminstratrix of the Estate of Justin Boudreaux v. Tri-Tech, LLC
La. Ct. App. 3d Cir. 2008
See Governor Claiborne Apartments
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Granger v. TRI-TECH, LLC
981 So. 2d 88
La. Ct. App. 3d Cir. 2008
See Governor Claiborne Apartments, , (1970).
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Jamison v. D'AMICO
955 So. 2d 161
La. Ct. App. 4th Cir. 2007
-24 , (1970), "The reconducted lease is actually a continuation of the lease under the same terms and conditions except that the fixed term or period of *166 duration in the old lease is voided and the reconducted lease is considered to be by the month."
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International Properties Inc. v. Drury
688 So. 2d 83
La. Ct. App. 1st Cir. 1997
Governor Claiborne Apartments, Inc. v. At *86 taldo, , (1970); (La.App.
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Torco Oil Co. v. Grif-Dun Group, Inc.
617 So. 2d 102
La. Ct. App. 1st Cir. 1993
Talambas, supra; Governor Claiborne Apartments, , (1970).
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New Hotel Monteleone, Inc. v. Depp's Bull Corner, Inc.
598 So. 2d 721
La. Ct. App. 1st Cir. 1992
A. Yes.” , particularly applicable to the instant case.
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Mays v. Alley
599 So. 2d 459
La. Ct. App. 2d Cir. 1992
As stated by the Louisiana Supreme Court in Governor Claiborne Apartments, , at 576 (1970): Under our Civil Code provisions based on these articles of the Code Napoleon, legal reconduction takes place when a fixed-term lease expires and the lessee without opposition continues to occupy the premises for more than a week.
- Hidalgo Motors v. Opelousas Courtesy Motors 576 So. 2d 1086 La. Ct. App. 3d Cir. 1991
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Miller v. Ryder
540 So. 2d 548
La. Ct. App. 1st Cir. 1989
Governor Claiborne Apartments, Inc. v. Attaldo, [ , (1970)] supra.” Plaintiff alleged, and the trial court found, that defendant leased only 140 acres in 1984, rather than the 207 acres leased in 1983.
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210 Baronne Street Ltd. v. Pisano
526 So. 2d 345
La. Ct. App. 4th Cir. 1988
Southern Ventures Corporation v. Texaco, Inc., quoting Governor Claiborne Apartments, , (1970).
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Misse v. Dronet
493 So. 2d 271
La. Ct. App. 3d Cir. 1986
Art. 2689; 39 Tulane Law Review 798, 813-814; Governor Claiborne Apartments
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Divincenti v. Redondo
486 So. 2d 959
La. Ct. App. 1st Cir. 1986
Governor Claiborne Apartments, Inc. v. Attaldo, 256 La.218, (1970).
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Sealy v. Physicians & Surgeons Hosp., Inc.
480 So. 2d 832
La. Ct. App. 2d Cir. 1985
729 (1930); Southern Ventures Corp. v. Texaco, Inc., Governor Claiborne Apartments, , (1970).
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Huval v. 4 S Construction & Maintenance, Inc.
442 So. 2d 1353
La. Ct. App. 1st Cir. 1983
But, the Supreme Court held that the late notice was not sufficient under the terms of the lease, and therefore, the lease expired at the end of its primary term and what they had thereafter was a tenancy by consent, if you will, rather than an extension of the original lease.” Governor Claiborne Apartments, expressed the law relative to occupancy of leased premises after the lease expires, referring to the appropriate code articles: “Under our Civil Code provisions based on these articles of th
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Nathans v. Vuci
443 So. 2d 690
La. Ct. App. 1st Cir. 1983
The Supreme Court addressed the issue of reconduction in Governor Claiborne Apartments, , in the following manner: *694 "The civil law has expressly recognized that occupancy of premises by a lessee after the expiration of a fixed-term lease constitutes reconduction.
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Bagby v. Dillon
434 So. 2d 654
La. Ct. App. 3d Cir. 1983
See, Governor Claiborne Apartments, , (1970).
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Rosedale Rental, Inc. v. Fransen
427 So. 2d 620
La. Ct. App. 1st Cir. 1983
Lessor relies on Governor Claiborne Apartments, for the proposition that the unopposed and continued occupancy of the premises by lessees after termination of the written lease resulted in a reconduction of the entire lease on a month to month basis.
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Smith v. Lamarque Incorporated
427 So. 2d 63
La. Ct. App. 1st Cir. 1983
Claiborn Apartments, , (1970) relied upon by plaintiffs has no application to the facts of this case.
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St. Tammany Investment Properties, Inc. v. Cairns
425 So. 2d 252
La. Ct. App. 1st Cir. 1982
The evidence in the present case does not establish the “reconducted lease” of Governor Claiborne Apartments, , (1970), and its progeny.
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Garner v. Perrin
403 So. 2d 814
La. Ct. App. 2d Cir. 1981
In Governor Claiborne Apartments, , (1970), the court made the following statement regarding the application of these articles to an expired written lease: "Under our Civil Code provisions based on these articles of the Code Napoleon, legal reconduction takes place when a fixed-term lease expires and the lessee without opposition continu
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Talambas v. Louisiana State Bd. of Ed.
401 So. 2d 1051
La. Ct. App. 3d Cir. 1981
Article 2685, Governor Claiborne Apartments, , (1970).
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Quality Seafood, Inc. v. Dos Gris Seafood, Inc.
388 So. 2d 95
La. Ct. App. 1st Cir. 1980
There, it said: “Governor Claiborne Apartments, , (1970), expresses the law relative to occupancy of leased premises after the lease expires, referring to the appropriate code articles: ‘Under our Civil Code provisions based on these articles of the Code Napoleon, legal reconduction takes place when a fixed-term lease expires and the lessee without op
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Clark v. Clark
377 So. 2d 544
La. Ct. App. 3d Cir. 1979
1st Cir. 1971), writ refused; Governor Claiborne Apartments, , (1970); (La.App.
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Southern Ventures Corp. v. Texaco, Inc.
372 So. 2d 1228
La. 1979
Governor Claiborne Apartments, , (1970), expresses the law relative to occupancy of leased premises after the lease expires, referring to the appropriate code articles: "Under our Civil Code provisions based on these articles of the Code Napoleon, legal reconduction takes place when a fixed-term lease expires and the lessee without op
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Illinois Cent. Gulf R. Co. v. International Harvester
368 So. 2d 1009
La. 1979
See, Governor Claiborne Apartments, , (1970).
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Southern Ventures Corp. v. Texaco, Inc.
365 So. 2d 513
La. Ct. App. 1st Cir. 1978
Articles 2686 and 2689, the case of Governor Claiborne Apart *515 ments, , (1970) and other authorities for the rules on reconduction.
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Vuci v. Nathans
357 So. 2d 561
La. Ct. App. 1st Cir. 1978
Governor Claiborne Apartments, , (1970).
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Distinguished
Provosty v. Guss
350 So. 2d 1239
La. Ct. App. 1st Cir. 1977
In giving effect to the non-reconduction clause of the lease, we distinguish Governor Claiborne Apartments, , (1970).
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FIRST WISCONSIN NAT. BANK OF MILWAUKEE v. Novem, Inc.
349 So. 2d 370
La. Ct. App. 4th Cir. 1977
In Governor Claiborne Apartments, , (1970), the Supreme Court stated the party claiming the modification in such cases must prove it as follows: "While assent to a contract may be implied, that implication must be established and cannot be presumed.
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Rai-Lynne Realty, Inc. v. Kern
336 So. 2d 974
La. Ct. App. 1st Cir. 1976
Claiborne Apartments, , (1970), stated: “While assent to a contract may be implied, that implication must be established and cannot be presumed.” (La.App.
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BECKER & ASSOCIATES., INC. v. Lou-Ark Equip. Rent. Co., Inc.
331 So. 2d 474
La. 1976
Cf. Governor Claiborne Apartments, , (1970).
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Ducote v. Callico
307 So. 2d 644
La. Ct. App. 4th Cir. 1974
See also Governor Claiborne Apartments, , (1970), wherein it was held that a lessee remaining in possession beyond the option period of the lease did not create a renewal of the lease itself by occupancy in excess of 7 months.
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King Plaza, Inc. v. Richter
303 So. 2d 504
La. Ct. App. 1st Cir. 1974
2689, 2685, 2686; Governor Claiborne Apartments, , (1970).
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Cantelli v. Tonti
297 So. 2d 766
La. Ct. App. 4th Cir. 1974
See Governor Claiborne Apartments, , (1970).
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D'Antonio v. Talley
297 So. 2d 217
La. Ct. App. 1st Cir. 1974
Governor Claiborne Apartments, , ; LSA-C.C.
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Kogos v. Lemann
285 So. 2d 548
La. Ct. App. 4th Cir. 1974
[3] Plaintiff calls to our attention the case of Governor Claiborne Apartments, , , in which the Supreme Court held that a lease was reconducted despite a provision in the lease stipulating to the contrary.