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Calahan v. Scottsdale Insurance Co.6/1/2005
Court composed of Jimmie C. Peters, Michael G. Sullivan, and Elizabeth A. Pickett, Judges.
REVERSED AND REMANDED.
The plaintiff, P. Charles Calahan, A Professional Law Corporation (Law Corporation), appeals the grant of a motion for summary judgment and exception of res judicata dismissing its claims for damages against Scottsdale Insurance Company (Scottsdale). For the following reasons, we reverse and remand for further proceedings.
DISCUSSION OF THE RECORD
The wrongful seizure suit at issue in this appeal was filed June 7, 2001. Scottsdale responded to the Law Corporation's claims by filing, among other pleadings, a motion for summary judgment and exception of res judicata. By a judgment rendered and signed on December 10, 2003, the trial court granted Scottsdale's motion and exception and dismissed the Law Corporation's suit. The Law Corporation appealed that judgment, asserting two assignments of error.
Scottsdale attached twenty exhibits to its motion for summary judgment, and these exhibits establish certain factual and procedural aspects of the litigation which are not in dispute. Specifically, these exhibits establish that the origin of the current litigation can be traced to two prior suits: (1) a personal injury suit filed by Ronald C. Martin against a number of defendants, including Scottsdale, in the Sixteenth Judicial District on September 25, 1992, and (2) a garnishment suit filed by Scottsdale against P. Charles Calahan, individually, on February 15, 2000.
Martin Suit
In this litigation, Ronald C. Martin brought suit to recover damages he sustained in a June 20, 1992 New Iberia, Louisiana hotel fire. On December 3, 1992, Scottsdale tendered a check to Martin and his then attorney, Calahan, in settlement of all claims. Martin had been represented at different times in the litigation by Calahan and by the law firm of Landry and Shea. This dual representation resulted in a post-settlement legal-fee dispute involving Martin, Calahan, Landry and Shea, and Scottsdale. The trial court resolved this dispute in a May 8, 1995 judgment wherein it awarded a $25,000.00 judgment in favor of Landry and Shea, and against Martin, Calahan, and Scottsdale, jointly, severally, and in solido. Additionally, the trial court granted indemnity relief for the judgment liability to Scottsdale against Martin and Calahan. The 1995 judgment provided in pertinent part as follows:
IT IS ORDERED ADJUDGED AND DECREED that there be judgment herein in favor or LANDRY AND SHEA and against RONALD C. MARTIN, P. CHARLES CALAHAN, and SCOTTSDALE INSURANCE COMPANY, in the full and true sum of TWENTY FIVE THOUSAND ($25,000.00) DOLLARS, jointly, severally and in solido, plus interest from the date of judicial demand.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be judgment herein in favor of SCOTTSDALE INSURANCE COMPANY and agains RONALD C. MARTIN and P. CHARLES CALAHAN, jointly, severally, and in solido, granting full and complete indemnity to SCOTTSDALE INSURANCE COMPANY for all amounts it it obligated to pay LANDRY AND SHEA;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be judgment herein in favor of SCOTTSDALE INSURANCE COMPANY and against RONALD C. MARTIN and P. CHARLES CALAHAN in the amount of SEVEN THOUSAND SIX HUNDRED THIRTY EIGHT [DOLLARS] AND NINETEEN CENTS ($7,638.19), representing defense costs and attorneys fees incurred by SCOTTSDALE INSURANCE COMPANY in defense of this suit. Scottsdale appealed the trial court's ruling finding it solidarily liable with Martin and Calahan, and this court rejected that appeal. See Martin v. David, 95-1411 (La.App. 3 Cir. 7/31/96), 685 So
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