Brian Yaniga VS Arthur Monroe
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2007 CA 0697 BRIAN YANIGA VS ARTHUR MONROE JUDGMENT RENDERED DECEMBER 21 2007 ON APPEAL FROM THE TWENTY SECOND JUDICIAL DISTRICT COURT DOCKET NUMBER 2004 14596 DIVISION G PARISH OF ST TAMMANY STATE OF LOUISIANA HONORABLE LARRY J GREEN JUDGE STEPHEN D MARX METAIRIE LA ATTORNEY FOR PLAINTIFF DEFENDANT IN RECONVENTION APPELLANT BRIAN YANIGA WILLIAM J JONES JR COVINGTON LA BEFORE ATTORNEY FOR DEFENDANT APPELLEE ARTHUR MONROE GAIDRY MCDONALD AND MCCLENDON JJ MCDONALD J Plaintiff Brian Yaniga appeals a judgment dismissing his demands against Arthur Court 22nd Judicial of the For the Monroe District following the judgment is affirmed reasons FACTS AND PROCEDURAL BACKGROUND Yaniga is the operated Yaniga The contained four the fourth an bay bays or evenings long 5 00 p YMCA lease units from Yaniga and also from that also as Center s 20 years were Sometime lease a on it does not interfere with m to 9 00 p for 18 months prior to June and m s Karate Classes in the 2004 Yaniga approached on this was interested in taking matter Monroe for the 2000 square feet term 1 was Monroe a his business lease with consisting of Unit 4 beginning June 1 and inquired if Pursuant to discussions Yaniga dated of the June 2 2004 Covington building for 20043 and ending November bay on Sunday mornings indicated a 30 2005 At the times relevant here that month to month Monroe is and 3 entered into A church leased the fourth lease 2 of 18 months over The 1 that he did not want to continue his martial arts school Monroe s bays of the Saturday afternoons ending October 31 2004 Young Men bay Monday through Yaniga some conducted in the first three of the fourth use area building through The exterior entrance had for provided as was YMCA an owned in 8500 square feet in karate classes he In 2004 that he building a persons in arts to which is accessible to the remainder of the Christian Association Saturday approximately building which had approximately interior door building for area Karate s expert who taught martial arts Louisiana Covington Covington martial a martial arts instructor who studied TaeKwon Do for 35 years and owned martial arts schools in south Louisiana a operated The typewritten lease fulnished under the section entitled Term by Yaniga recited the term as shown above however Monroe had handwritten and initialed June 14 2004 2 for the sum providing the of that the lessee that it area 1500 00 per month occupies maintain responsible for the payment of all utilities for was scratched over The lease further his expense at by June 2 on the Electric bills for the 2000 If YMCA Sq was ft leased obligated general liability insurance with the lessor minimum coverage a 2004 notarized was a charges with BellSouth assuming payment associated with the Monroe and 750 00 for half of the first month paid Yaniga Monroe through by provided that the lessee additional named insured with Monroe of the lease typewritten portion was leaves Art Monroe will take substituted A telephone number s of of all in the of Also signed assumption of charges attributed name of as 1 000 000 00 rent statement to Yaniga s to or Karate Center A document all accounts on center Art Mom oe number 780 monies collected between June 3 forwarded to Monroe This document regarding but not to future collections from Monroe 2004 Yaniga and that after used letterhead recited that s to as through of June 3 June 10 June 10 2004 notify Yaniga s a Yaniga assigned were to was that all to be be forwarded to 2004 third party students 2004 were billing company signed by Monroe by Yaniga Yaniga testified however that he did sign the document and did not dispute that he assigned the collections testified that he assigned all his students to Monroe including prepaid Yaniga students to Monroe Monroe attempted to take posseSSIOn of the leased property and assumed instruction of Yaniga two to s students in mid June weeks he detelmined that the situation was not him and abandoned the premises and the students 3 as After approximately had been represented On that Monroe had a 750 00 had been value of to Yaniga take Yaniga over paid a petition Yaniga for damages alleging entire karate business and s additionally had entered into 1500 00 of rent monthly that Monroe Yaniga alleged representing prepaid filed students and s of 18 months and tenn 26 250 00 to agreed provide instruction lease for 29 2004 September was of which liable to only him for the balance due under the terms of the lease accounts to Monroe assigned and damages to a the Yaniga s reputation Monroe answered alleging that the encumbered by constituted breach of the warranty of a and premises prior lease between Yaniga and a eviction an premises leased by peaceable possession of committed civil fraud in connection with Monroe the number of misrepresentation that as a either students was result of the absolutely fulfill any at Yaniga principal alleged Karate s 750 00 prepaid accounts damages attorneys the leased that Yaniga by misrepresenting Center that this entering into the lease by Yaniga the Monroe lease on the merits a judgment was demands against Monroe dismissing Monroe ordering each party to pay his own judgment Yaniga timely lodged failing Monroe and in of the seeking not return proceedings legal general and equitable relief After trial erred in costs was Monroe did not agree to Monroe reconvened fees all was which obligations that Yaniga may have had to his students and did interest and all court lease of Monroe cause civil fraud s relatively null and void that or receive any money for of the the the YMCA constructive eviction of Monroe or Monroe to failing find that to an costs s signed dismissing Yaniga demands against Yaniga and Monroe did not appeal the appeal contending that 1 Yaniga had not the trial sold his karate business find that Monroe breached the agreement and 4 s to 2 the trial erred in court that Monroe finding was entitled to abandon the leased premises DISCUSSION The trial the trial court With contract of recited its sale of the business testified that he had agreement the sale of to regard to assigned that effect students for any nor sale is for a a contract price whereby in money The the requirements for Luzader 05 1280 and requirements With perfection of deliver constitute to a sale 19 4 were the lease the it found no written no error sale in the conclusion ofYaniga of a s business thing La 06 CC 927 2d So to turn intended art to 2439 1286 to another parties 1288 it assume are Rachal v While his business over A the to legal not met court found that Yaniga had failed to peaceable possession of the leased premises which the civil code noted that Monroe s church on lease did the lessee not contract to during the continuance of the lease Marr 95 1344 La the lessee use of Unit 4 court correctly the YMCA by The lessor is bound from the very Sunday mornings cause Specifically the disclose the of the v no although Yaniga and the consent of the sale a originally to warrant to a noted that ownership Yaniga intended requires the lessor by price App 3rd Cir La regard contract of the thing the conclusion of karate school it found s students prepaid person transfers that Monroe to court at agreement that Monroe would teach those was no a the record indicates that Monroe Yaniga The his any in the record specific period of time We find the trial court that there by findings to be in nature peaceable possession of the thing La C C art App 1st Cir 1130 or 95 26824 Essen 687 S02d 98 Development 100 A lessor 4 Prior to 2005 the civil code article ofthe contract of lease was setting article 2692 5 forth the obligations arising from the nature who allows one breaches his We find of his lessees to disturb the obligation no error to possession of his other lessees maintain the lessee in in the trial court s peaceable possession findings regarding Monroe s Id obligation under the lease The trial obligations court further found that Monroe would have carried under the documents he misrepresentations made to as out but that he felt there had been signed the lease and the number of students Ultimately the trial court that Monroe should prevail Implicit in this finding is its acceptance truthfulness of Monroe be set aside by an s found that the testimony appellate Where there is conflict in the trial court of fact finder s wrong s are court unless testimony two choice between them Essen For the Development foregoing majority of the A trial court reasonable evaluations of Where there an are assessed to findings appellate of the of fact may not manifestly are suggested erroneous court may not disturb a be views of the evidence manifestly erroneous or the fact clearly 687 So 2d at 100 reasons Brian evidence credibility and reasonable inferences permissible cannot they s the trial court judgment is affirmed and this opinion is issued in accordance with URCA Rule appeal his Yaniga AFFIRMED 6 2 16 1 B Costs of this
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