Big Dog Co., Inc. D/B/A B.D. Management v. Alec Jeansonne Gentle Arts of Avoyelles

Summary

The Louisiana Court of Appeal, Third Circuit, reviewed a judgment awarding rent, forfeiture of a security deposit, attorney fees, and costs to a commercial landlord. The court held that attorney fees were improperly awarded absent statutory or contractual authorization, but upheld the rent award and deposit forfeiture after finding no manifest error regarding roof repairs, lease termination, or the effectiveness of the lease's maintenance provision. The judgment was affirmed in part and reversed in part, with appellate costs divided evenly.

Holdings

1. Attorney fees are not recoverable unless specifically authorized by statute or contract. Because no applicable statutory or contractual authorization supported the award, the trial court erred in awarding Big Dog $4,000 in attorney fees.
2. The lessee was not entitled to terminate the lease based on the asserted roof leaks because the trial court's factual findings were supported by the record and were not manifestly erroneous.
3. The lease provision making the lessee responsible for all maintenance of the building and equipment was clear and unambiguous and was effective against Jeansonne under Louisiana Civil Code article 2699.
4. A trial court's factual findings concerning the lease defenses are reviewed under the manifest error standard and may not be set aside absent a reasonable factual basis and clear wrongness.

Questions Presented

1. Whether attorney fees were recoverable absent specific statutory or contractual authorization.
2. Whether persistent roof leaks rendered the leased premises unsuitable for their intended commercial purpose and entitled the lessee to cancel or terminate the lease.
3. Whether the lease provision making the lessee responsible for maintenance and repairs was a clear and unambiguous waiver or allocation of responsibility effective under Louisiana Civil Code article 2699.
4. What standard of review governed the trial court's factual findings regarding the roof leaks and the lessee's reason for vacating.

Disposition

other