Sullivan v. Wallace
Supreme Court of Louisiana
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
- Cat's Meow, Inc. v. City of New Orleans Through Department of FinanceSupreme Court of Louisiana · 1998
- In Re Succession of BoyterSupreme Court of Louisiana · 2000
- Pumphrey v. City of New OrleansSupreme Court of Louisiana · 2006
- Smith v. FlournoySupreme Court of Louisiana · 1959
- Lockett v. STATE, DOTDSupreme Court of Louisiana · 2004
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3Cited by10 opinions
- Daigle v. Cimarex Energy Co.District Court, W.D. Louisiana · 2018
- Mathews v. SteibLouisiana Court of Appeal · 2011
- LOUTRE LAND AND TIMBER CO. v. RobertsLouisiana Court of Appeal · 2011
- Kahl v. LusterLouisiana Court of Appeal · 2012
- James H. Hooper, Jr. and Patsy Hooper v. Hero Lands Company, Allen Hero, and the Parish of PlaqueminesLouisiana Court of Appeal · 2019
5 more not listed; retrieve them via the Exa API.