In a civil complaint filed by Perry Emery against Eunice Ben, Derek Russ, Ernest Jones, and ACA Realty, LLC, the plaintiff seeks damages related to a failed property transaction. The complaint was filed in the Civil District Court of Orleans Parish on December 4, 2020. Mr. Emery alleges that the defendants failed to record an Act of Cash Sale for a property located at 2128 Bartholomew Street in New Orleans, Louisiana, leading to significant financial losses.
According to court documents, Mr. Emery and Ms. Ben executed a Bond for Deed on May 24, 2004, with ACA Realty acting as the real estate agent. The transaction included a purchase price of $36,533.92. Subsequently, on October 9, 2007, they executed a Release of the Bond for Deed and later an Act of Cash Sale on November 1, 2007. However, this Act of Cash Sale was never recorded in the Orleans Parish Conveyance Records.
Mr. Emery claims that he discovered this oversight when his grant application was denied in June or July of 2012 due to the missing recordation. Despite numerous requests and even paying an additional $1,100 to have the document recorded between August and December of 2020, the defendants allegedly failed to comply.
The plaintiff argues that this failure constitutes fraud and has led to ongoing financial harm. Mr. Emery's petition cites multiple violations including La. R.S. 51:1405(A), La. C.C. art. 1953 (fraud), La. C.C. art. 1997 (bad faith breach), La. C.C. art. 2315 (general tort), La C.C.P art 2475 (seller’s obligation), La R.S 35:199 (notary duties), La R.S 37:1455 (real estate agent duties), among others.
On May 23, 2022, Mr. Emery filed a motion for partial summary judgment on liability which was granted by the trial court on August 19, 2022 despite opposition from the defendants who argued ongoing discovery and genuine issues of material fact remained unresolved.
The defendants responded by filing peremptory exceptions including peremption (a legal term indicating expiration under law), prescription (statute of limitations), and no cause of action on July 29, 2022; these were partially granted by the trial court on October 28th dismissing claims against Mr Jones Mr Russ and ACA Realty while denying them against Ms Ben
Both parties sought appeals leading to consolidation by higher courts resulting in judgments rendered reversing parts remanding others The appellate court found errors particularly around claims against ACA Realty based solidary obligations continuing tort doctrines thus reversed prescription no cause actions sent back lower courts further proceedings
Representing plaintiff Micah Zeno Martin Landrieu Gordon Arata Montgomery Barnett McCollam Duplantis Eagan LLC Defendants counseled Ernest Jones Ike Spears Spears Spears Judge Lori Jupiter presided initial hearings with appellate review Chief Judge Terri Love Judges Tiffany Chase Nakisha Ervin-Knott overseeing final decisions Case ID No-2024-CA-0018