Legal Opinion

Sullivan v. Wallace

Supreme Court of Louisiana

Decided November 30, 2010No. 2010-C-0388PublishedCited by 10 opinions

1Opinion of the Court

GUIDRY, Justice.*

hWe granted the plaintiffs writ application to resolve a split in the circuits. The legal issue presented is whether a co-owner of timberland can be hable to his fellow co-owners for treble damages under La. Rev.Stat. 3:4278.1 when he cuts and sells the timber without the co-owners’ consent. For the reasons set forth below, we conclude the punitive “timber trespass” statute is inapplicable against co-owners. Accordingly, we affirm the appellate court’s judgment.

FACTS and PROCEDURAL HISTORY

The facts in this case are not in dispute. During their marriage, the defendant, Bruce…

Also in this document: Dissent.

2Cases cited14 opinions

  1. Cat's Meow, Inc. v. City of New Orleans Through Department of FinanceSupreme Court of Louisiana · 1998
  2. In Re Succession of BoyterSupreme Court of Louisiana · 2000
  3. Pumphrey v. City of New OrleansSupreme Court of Louisiana · 2006
  4. Smith v. FlournoySupreme Court of Louisiana · 1959
  5. Lockett v. STATE, DOTDSupreme Court of Louisiana · 2004

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3Cited by10 opinions

  1. Daigle v. Cimarex Energy Co.District Court, W.D. Louisiana · 2018
  2. Mathews v. SteibLouisiana Court of Appeal · 2011
  3. LOUTRE LAND AND TIMBER CO. v. RobertsLouisiana Court of Appeal · 2011
  4. Kahl v. LusterLouisiana Court of Appeal · 2012
  5. James H. Hooper, Jr. and Patsy Hooper v. Hero Lands Company, Allen Hero, and the Parish of PlaqueminesLouisiana Court of Appeal · 2019

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