Kano Investments, LLC v. Kojis Construction, LLC
Also decided on this docket: La. Ct. App. 3d Cir., March 6, 2013
Kano Investments, LLC v. Kojis Construction, LLC, No. CW-0012-1007 (La. Ct. App. 3d Cir. Apr. 24, 2013).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Mitchell 337 So. 2d 1186
- Howard Trucking Co., Inc. v. Stassi 485 So. 2d 915
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403
REHEARING ACTION: April 24, 2013
Docket Number: 12-01007 CW and 12-1269 CA
KANO INVESTMENTS, LLC
VERSUS
KOJIS CONSTRUCTION, LLC
Writ Application from Avoyelles Parish Case No. 2012-7687
BEFORE JUDGES:
Hon. Elizabeth A. Pickett
Hon. J. David Painter
Hon. Phyllis M. Keaty
As counsel of record in the captioned case, you are hereby notified that the application
for rehearing filed by Kojis Construction, LLC has this day been
GRANTED. (Opinion on rehearing attached.)
As counsel of record in the captioned case, you are hereby notified that the application
for rehearing filed by Kano Investments, LLC has this day been
DENIED.
cc: Jerold Edward Knoll, Jr.
Brian K. Thompson
Hon. Charles A. Riddle, III
STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
CW12-1007
consolidated with 12-1269
KANO INVESTMENTS, L.L.C.
VERSUS
KOJIS CONSTRUCTION, L.L.C.
************
APPEAL FROM THE
TWELFTH JUDICIAL DISTRICT COURT
PARISH OF AVOYELLES, NO. 2012-7687-B
HONORABLE WILLIAM J. BENNETT, JUDGE
ON REHEARING
************
J. DAVID PAINTER
JUDGE
************
Court composed of Elizabeth A. Pickett, J. David Painter, and Phyllis M. Keaty,
Judges.
AFFIRMED.
Jerold Edward Knoll
P.O. Box 426
Marksville, LA 71351
COUNSEL FOR PLAINTIFF-APPLICANT-APPELLEE:
Kano Investments, L.L.C.
Brian K. Thompson
2915 Jackson St.
Alexandria, LA 71301
COUNSEL FOR PLAINTIFF-APPLICANT-APPELLEE:
Kano Investments, L.L.C.
Charles A. Riddle
P.O. Box 608
Marksville, LA 71351
COUNSEL FOR DEFENDANT-RESPONDENT-APPELLANT:
Kojis Construction, L.L.C.
PAINTER, Judge.
We grant the application of Defendant-Appellant, Kojis Construction, L.L.C.
solely as to the issue of estoppel. After reviewing the facts and the applicable law,
we find that payment of rent for three months did not act to estop the breach of
lease claim. The lease contract provides that the landlord’s failure to exercise its
rights under the lease promptly does not operate to forfeit such rights. Further,
[E]quitable estoppel applies only where a party has made false or
misleading representations of fact and the other party justifiably relied
on the representation. State v. Mitchell, 337 So.2d 1186, 1188
(La.1976). We must narrowly construe this argument, as “estoppel is
not favored in our law,” Id., and estoppel is a “doctrine of last resort.”
Howard Trucking Co., Inc. v. Stassi, 485 So.2d 915, 918 (La.1986).
Waste Management of Louisiana, LLC v. Penn-America Ins. Co., 12-1033, p. _
(La.App. 3 Cir. 2/6/13), ___ So.3d ___, ___. The documents supporting the
motions for summary judgment do not support application of this doctrine.
Therefore, we affirm our original opinion and affirm the trial court’s grant of
summary judgment with regard to breach of lease.
AFFIRMED.
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