J. Michael Cop and Teresa Cop v. Department of Transportation and Development of the State of Louisiana ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
J. MICHAEL COP AND TERESA NO. 2021 CW 1283
COP
VERSUS
DEPARTMENT OF TRANSPORTATION JANUARY 21, 2022
AND DEVELOPMENT OF THE STATE
OF LOUISIANA
In Re: Department of Transportation and Development of the
State of Louisiana, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 705697.
BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.
WRIT GRANTED. On review, we find the words of the act of
sale
containing the compromise agreement are clear and explicit
and lead to no absurd consequences. Extrinsic evidence was thus
inadmissible to explain or to contradict the terms of that
instrument. See Ortega v. State, Department of Transportation
and Development, 96- 1322, ( La. 2/ 25/ 97), 689 So. 2d 1358, 1363.
Based on the language of the act of sale, we find plaintiffs
fully settled all claims against defendant including their loss
of rental income claim. See Barker v. Dept. of Transp. And
Dev., 2008- 1084 ( La. App. 1st Cir. 12/ 23/ 08), 4 So. 3d 869.
Accordingly, the August 27, 2021 judgment of the district court
denying the peremptory exception of res judicata filed by
defendant, Department of Transportation and Development of the
State of Louisiana, is reversed. The is
exception
hereby
granted, thereby
dismissing all claims filed by plaintiffs, J.
Michael Cop and Teresa Cop.
JMG
GH
WRC
COURT OF APPEAL, FIRST CIRCUIT
DEPU Y C ERK OF COURT
FOR THE COURT