BERGERON v. ANDERSEN (2022)

Writ application granted. See per curiam.

Writ granted and reversed. As observed by Judge McClendon, the clear language of the escalation clauses state that they were valid “up to the deadline of 11:59.” 11:59 is not midnight. See La. C.C. arts. 2046 and 2047. However inartfully drawn, a party may not create an ambiguity where none exists. See Campbell v. Melton, 01-2578, pp. 8-9 (La. 5/14/02), 817 So.2d 69, 76. “It is not the province of the courts to relieve a party of a bad bargain, no matter how harsh.” Gibbs Const. Co., Inc. v. Thomas, 500 So.2d 764, 768 (La. 1987). Accordingly, the offers of Gregory Bergeron—submitted at 11:59:57—were made after the expiration of Michael Bergeron's escalation clauses. The judgment of the trial court is reversed.

REVERSED

Hughes, J., dissents and would deny.