Jan M. Varnado VS American South Financial Services, L.L.C.
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2007 CA 0159 cJ JAN M VARNADO VERSUS Q AMERICAN SOUTH FINANCIAL SERVICES L L C Judgment Rendered November 2 2007 Appealed from the Nineteenth Judicial District Court In and for the Parish of East Baton Rouge Louisiana Trial Court Number 530 690 Honorable William A Morvant Chad F Judge Attorney for Plaintiff Appellee Reynolds Baton Rouge LA J an M Varnado Gregory J Miller Baton Rouge LA Attorney for Defendant Appellant American South Financial Services L L C BEFORE CARTER J C PETTIGREW AND WELCH n WELCH J American South Financial judgment ordering fees to its former it to pay L L C Services appeals a past due wages plus statutory penalties and attorney Jan M Varnado employee American South We affirm BACKGROUND On March 6 2002 Ms Varnado filed this lawsuit seeking to from her recover wages that had not been employment with American South employed by American was commissions She further 2001 of 465 75 the sum South alleged was a formal demand owed to a In the a attorney fees pursuant to La denying that resigned petition she averred that she that at the time of her earned a resignation salary plus on 27 April Ms Varnado attached to the demand letter dated May 19 2001 in which she American South for the on the time she at manager and In her lawsuit Ms Varnado also me answered as her to owed to her in wages petition and incorporated therein made paid South against American RS commission and sought 23 631 and La R S due and were any wages to recover 23 632 asserting salary that is penalties and American South that Ms Varnado was paid by commission only On action art to July a 2592 to 90 was owed the of wages sum At the was proceeding as sum to as well show as a authorized rule by of to show La R S Ms Varnado case in that amount for support of the rule undisputed Ms Varnado filed In her rule to show judgment days 2003 summary resignation she render 10 Ms Varnado before the trial asked how much she was the date of her She asked that the court In her memorandum in again alleged that she of wages and commissions in the amount of hearing on C CP past due wages plus statutory penalties equal reasonable attorney fees cause 23 631 and La alleged that I 560 10 in wages converting her cause court owed on the rule to 2 owed an I 560 10 show by American South was cause at Ms Varnado the time of her She stated that the resignation basis At that Varnado s to base the handled before her and which related Varnado Ms referenced in the petition asserted associated with single a exactly how much Ms Varnado to was per loan that Ms 465 75 impermissible expansion an set Varnado loan Ms single a of of the attorney noted that the demand letter claim for all wages owed and a He also loan s on a objected asserting beyond the amount of wages resignation constituted In response pleadings amount original petition forth in the had been calculated to her American South point counsel for attempt owed sum explained that it could those just not be determined not discovery had been conducted and owed until American South furnished him with documents detailing the loans on which Ms Varnado received commissions The trial court allowed Ms Varnado to of the initial on knowledge whether she had wages plus statutory penalties equal 6 390 00 and attorney fees in the American South filed nullity because the judgment on s on to non a s sum days of new a rendered in payment of trial excess one of the Varnado made set commission claim of attempt 3 filing of 10 in 460 1 wages cause in the the court past due amount of contending of the that it damages sought was a in Ms to to on one loan the award was underpayment of commissions forth in the pleadings no examine the time of the show to cross on that while the lawsuit had been filed charged that the trial loans other than the that Ms the rule at to all loans of 2 000 00 motion for was American South impermissible expansion urged amount the basis of Ms Varnado other loans relating a to 90 petition American South asserted the basis of the entered on in favor of Ms Varnado in the judgment Varnado of those loans pleading Following the hearing entered regarding allowing the defense which she had received commissions after Ms Varnado offer evidence court s allowance of evidence original petition which it cure on constituted timely objected the defect an It also by requesting an amendment to the pleadings The trial to allow for the introduction of new evidence denied the motion for court trial and this a new followed appeal DISCUSSION American South raises submits that the trial the pleadings objection it was and court two committed reversible admitting new issues fundamentally unfair for the trial brought against it was unable the hearing at It is well settled that evidence subject to an a to pleadings Denton So 2d 274 285 court objection based there is an no relating and commissions did letter incorporated into wages earned petition the through show the Ms newly allowed claims to admit or 13 p La 12 28 06 957 So 2d 152 court pleadings issues raised in the App 1st Cir La 5 18 07 disallow in this On 951 appeal regard unless Id petition an s conclusion that the admission of expansion an of the resignation amount to be pleadings Ms Varnado demanded the date of her of the filing Varnado claimed she In the the time of the filing of at cross 4 petition was In her demand from American South known to her of the owed wages payment of all of her examine Ms Varnado have wages to insure that Ms Varnado did not amounts at the time cause the lack of on merit in either argument The trial court allowed the defense to regarding additional on upon the scope of the issues and 2006 0141 constitute Ms Varnado set forth petition these not of impose penalties based loans for which Ms Varnado claimed to other expansion an its well founded over has great discretion in the trial court error it American South asserts that orderly process of the trial abuse of discretion We find evidence disturb the First appeal allowing encompassed by general writ denied 2007 0172 court will not Secondly no in litigated be court to We find trial Vidrine v error defend its actions and to determine whether evidence is this to to the admission of this evidence good faith when it in this principle arguments Moreover owed wages knowledge of in her rule to in the amount of 1 560 10 Clearly that Ms Vamado as was of that time if not before American South claiming wages in excess original petition Accordingly American South claim for wages beyond the therefore was prejudiced in exact amount s of the amount set claim that it had stated in the maintaining its defense must was on notice forth in the no notice of original petition a and necessarily fail CONCLUSION F or the costs of this foregoing appeal are reasons assessed the to judgment appealed from is affirmed All appellant American South Financial Services L L C AFFIRMED 5
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