DESSIE FALCON BELLA v. MARY KNIEPER AND HENRY KNIEPER (2025)

Writ application denied.

WJC

JBM

JMG

CRC

Supreme Court of Louisiana April 08, 2025

In this context the distinction between “received” and “obtained” is meaningless.

The court of appeal's interpretation of La. R.S. 9:3198 leads to an absurd result in derogation of La. C.C. art. 9 in allowing sellers to avoid legal responsibility simply by not looking at reports done by third parties. I would grant and docket this matter to examine the lower court's “hear no evil, speak no evil, see no evil” reasoning. A writ denial by this Court has no precedential value and is not an adoption of an appellate court's reasoning. See St. Tammany Manor v. Spartan Bldg. Corp., 509 So.2d 424, 428 (La. 1987). Thus, the court of appeal's decision is of limited persuasive value and not expressly binding on other courts. See La. C.C. art. 1.

Weimer, C.J., would grant and docket. Hughes, J., would grant and assigns reasons. Griffin, J., would grant and assigns reasons.