Robert M. Boyce, Jr. and Lauren G. Boyce VS Marie Tyler
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2014 CA 0644 ROBERT M. BOYCE, JR. AND LAUREN G. BOYCE VERSUS MARIE TYLER DATE OF JUDGMENT: MAY 2 o 2015 ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT NUMBER C602444, SECTION 22, PARISH OF EAST BATON ROUGE STATE OF LOUISIANA HONORABLE TIMOTHY E. KELLEY, JUDGE Joshua D. Roy Counsel for Plaintiff-in- Roy H. Maughan, Jr. Intervention- Appellant Namisha D. Patel Michael Tyler Baton Rouge, Louisiana James M. Gamer Counsel for Defendant- in Elwood F. Cahill, Jr. Intervention-Appellee John T. Balhoff, III Commonwealth Land Title Ryan 0. Luminais Insurance Company New Orleans, Louisiana BEFORE: PETTIGREW, WELCH, AND CHUTZ, JJ. Disposition: APPEAL DISMISSED. CHUTZ, J. Plaintiff-in-intervention-appellant, Michael Tyler, appealed the trial court's judgment, which granted summary judgment in favor of defendant-in-interventionappellee, Commonwealth Land Title Insurance Company ( Commonwealth), 1 based on a finding that Tyler's usufruct of immovable property located at 18420 Grand Cypress Creek, Baton Rouge, Louisiana (the property), terminated as a result ofthe sale of that property on November 28, 2006, in this lawsuit for breach of warranty of title. In his appeal, Tyler urged outstanding issues of material fact precluded summary judgment in favor of Commonwealth. He also challenged the propriety ofthe trial court's denial of his cross- motion for summary judgment.2 The matter was fixed for oral argument on the court's docket for April 27, 2015, at 9:30 a.m. As may be seen by the Joint Motion to Dismiss with Prejudice, filed on April 22, 2015, and made part of this opinion by reference, the parties have compromised all disputes between them. Because the parties have settled this matter, the issues raised by appellant on appeal are moot and are not properly before this court at this time. Courts may not decide cases that are moot, or where no justiciable controversy exists. An issue is moot when it has been deprived of practical significance and has been made abstract or purely academic. McLain v. Mann, 2006- 1174 ( La. App. 1st Cir. 5/4/07), 961 So.2d 415, 417. Accordingly, this appeal is dismissed as moot. In accordance with their agreement, each party will bear their own costs associated with this appeal. APPEAL DISMISSED. 1 By the trial court's order on January 11, 2012, Commonwealth Land Title Insurance Company was substituted as plaintiff in this litigation. 2 Tyler averred entitlement to (1) an acknowledgement ofhis rights as a usufructary with a legal usufruct burdening the property; ( 2) eviction of Commonwealth; ( 3) corporeal possession of the property; ( 4) reimbursement for any civil or natural fruits; and (5) an accounting along with legal interest, attorney's fees, and all costs ofthe proceeding. 2
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