Stephen Salassi and Jennifer Salassi v. Steve Blackwell, Rhonda Blackwell, Michael Freeland, and K.W.E.J., LLC, d/b/a Keller Williams Realty 455-0100 ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STEPHEN SALASSI AND JENNIFER NO. 2023 CW 0037
SALASSI
VERSUS
STEVE BLACKWELL, RHONDA
BLACKWELL, MICHAEL FREELAND,
AND K.W.E.J., LLC, D/B/A APRIL 5, 2023
KELLER WILLIAMS REALTY 455-
0100
In Re: Steve and Rhonda Blackwell, ,applying for supervisory
writs, 22nd Judicial Distriqt Court, Parish of St.
Tammany, No. 202111751.
BEFORE: THERIOT, CHUTZ, AND HESTER, J~.
WRIT GRANTED. The district court's November 16, 2022
judgment denying the motion for summary judgment filed by
Defendants, Steve and Rhonda Blackwell,, is reversed. On our de
novo review, we find Plaintiffs failed to produce factual
support sufficient to establish the exi 9 tence of a genuine issue
of material fact or that Defendants are not entitled to judgment
as a matter of law. We found no evidence that Defendants
intended to defraud Plaintiffs, and such evidence is required to
invalidate an otherwise effective waiver of the warranty against
redhibitory defects. See Minton v. Acosta, 2021-1180 (La. App.
1st Cir. 6/3/22), 343 So.3d 721, 726~ Further, neither the
purchase agreement nor the act of sale predicates the sale of
the property on the existence of a roof, warranty, and the broad
language of the waivers therein 1
precludes a negligent
misrepresentation claim. Accordingly, the motion for summary
judgment filed by Defendants is granted, and the claims asserted
by Plaintiffs, Stephen and Jennifer Salassi, against Defendants,
Steve and Rhonda Blackwell, are hereby dismissed with prejudice.
MRT
WRC
CHH
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT