# Supreme Court of Louisiana

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #043

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 18th day of September, 2018 , are as follows:

PER CURIAM :

2017 -C-2 163 LYDIA DEGUEYTER v. FIRST AMERICAN TITLE COMPANY (Parish of St. Martin)

Having considered the record, oral argument and briefs of the parties, we find the court of appeal correctly reversed the district court’s judgment granting summary judgment in favor of First American Title Co. However, we find the court of appeal erred in granting summary judgment in favor of plaintiff. See Penalber v. Blount, 550 So.2d 577 (La. 1989) (explaining that

sum mary judgment “is rarely appropriate for a determination based

on subjective facts such as intent, motive, malice, knowledge or good faith.”). Accordingly, the judgment of the court of appeal is affirmed in part and reversed in part. The motions for summary judgment filed by both parties are hereby denied, and the case is remanded to the d istrict court for further proceedings.

GENOVESE, J., dissents in part and assigns reasons.09/18/18

SUPRE M E CO URT O F L O U ISIANA

No. 2017-C-2163

L YDIA DE G UE YT E R

V E R SUS

FIRST AM E RICAN T IT L E CO M PANY

O N W RIT O F CE RT IO RARI T O T H E CO U RT O F APPE AL , T H IRD CIRCUIT , PARISH O F ST . M ART IN

PER C UR IAM

Ha ving c onside re d the re c o rd, o r al argum e nt a nd brie fs of the p a rtie s, we

fin d the c ourt of a

ppe a l c orre c tly re ve rse d the distric t c ourt’ s j udgm e nt gra nting

sum m a ry judgm e nt in fa vor of First Am e ric a n Title C o. Howe ve r, w e find the

c ourt o f a

ppe a l e rre d in gra nting s um m a ry judgm e nt i n fa vor of pla intiff. Se e

Pe nalbe r v

. B lount
, 550 So.2d 577 (La

. 1989) (e xpla i ning tha t sum m ar y j u d g m ent

“ is ra re ly a

ppropria te for a de t e rm ina tion ba se d on s u bj e c tive fa c ts suc h a s inte nt,

m otive
, m a lic e , knowle d ge or good fa i th.” ). Ac co r dingly
, the j udgm e nt of the

c ourt of a ppe a l i s a ffirm e d in pa

rt a nd re ve rse d in p ar t

. The m otions for sum m a ry
judgm e nt file d by both pa rtie s a re he re by de nie d, a nd the c a s e is re m a nde d to the

distric t c o urt for furthe r proc e e dings.

109 /18/18

SUPREME COURT OF LOUISIANA

No. 2017

- C

- 2163

LYDIA DEGUEYTER

VERSUS

FIRST AMERICAN TITLE COMPANY

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF ST. MARTIN

G ENOVESE , J., dissent ing in part.

I agree with the majority that the court of appeal erred in granting summary

judgment in favor of Linda Degueyter. However, I disagree with the majority that

the court of appeal correctly reversed the trial court’s grant of summary judgment in

favor of First American Title Company (First American)

. Resolution of First American’s motion for summary judgment requires an

interpretation and application of its owner’s title insurance policy. First American’s

motion for summary judgment does not , as the major ity concludes, require a

determination of “subjective facts such as intent, motive, malice, knowledge or good

faith.” Penalber v. Blount , 550 So.2d 577 , 583 (La.1989). Rather, summary

judgment in favor of First American is appropria t e because there are n o genuine

issues of material fact as to the lack of coverage in favor of Degueyter under the title

insurance policy , and the insurer is entitled to judgment as a matter of law. La.Code

Civ.P. art. 966. For these reasons, I find the court of appeal erred in reversing the

trial court’s grant of summary judgment in favor of First American.

Accordingly, I respectfully dissent in part.