Aries Marine Corp. v. Blue Streak Marine, Inc.
Docket: No. 88-CA-1904
Court: Louisiana Court of Appeal; March 29, 1989; Louisiana; State Appellate Court
Defendant appeals a summary judgment favoring the plaintiff, which was granted after a two-day trial addressing only the plaintiff's claims, while leaving unresolved the defendant’s reconventional demands. The appellate court vacates the judgment on procedural grounds and remands the case. The dispute involves a joint venture, International Lift Boats, formed by the defendant and two other energy corporations. After the defendant withdrew from the venture, the other corporations sued for unpaid commissions and debts. The defendant contended that the commissions were not earned and that no open account existed with the plaintiff, while also claiming owed sums from the joint venture. The plaintiff's motion for summary judgment was referred to trial, resulting in a ruling that favored the plaintiff for the total amount claimed, including attorney fees, without resolving the other issues. The court emphasizes that summary judgment should only be granted when there are no genuine issues of material fact and that oral testimony should not be considered in such motions. The existence of factual disputes regarding owed debts from both parties precluded the granting of summary judgment. The court also highlights that a single final judgment is necessary to avoid piecemeal litigation, as the trial did not separate the principal and incidental claims. The appellate court does not address the substantive merits of the claims but emphasizes the need for a complete resolution of all claims and remands the case for a comprehensive judgment. The plaintiff-appellee is ordered to pay all costs of the appeal. The judgment is set aside and remanded.