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Southern Rental & Leasing Co. v. Barry's Towing, Inc.
Citations: 433 So. 2d 781; 1983 La. App. LEXIS 8580Docket: No. 83-CA-266
Court: Louisiana Court of Appeal; May 17, 1983; Louisiana; State Appellate Court
A suit was filed by Southern Rental Leasing Company against Barry Towing, Inc. for past due rental payments on a leased copy machine. An ad hoc judge granted a directed verdict in favor of the defendant, dismissing the plaintiff's claim. The plaintiff appealed, raising two main issues: 1. The ad hoc judge's authority was questioned, with the plaintiff claiming that the judge's appointment violated the Louisiana Constitution. However, prior Louisiana Supreme Court precedent (City of Baton Rouge v. Cooley) indicated that the constitutionality of a judge's appointment can only be challenged in a specific manner, which precluded the appeal from determining this issue. 2. The trial court erred by dismissing the claim on the grounds that a lease agreement was not proven. The defendant's admission of having a lease-purchase agreement constituted a judicial confession, making it binding. As a result, the dismissal of the rental payment claim was found to be incorrect, and the defendant was not given the opportunity to present its defense regarding the alleged defectiveness of the copy machine. The appellate court reversed the trial court's judgment and remanded the case for further proceedings to resolve these issues, with all appeal costs assessed to Barry Towing, Inc. The ruling emphasized the distinction between an officer de facto and a mere usurper, noting that the ad hoc judge acted under color of authority.