Von Drake v. Rogers

996 So. 2d 608 (2008)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Von Drake v. Rogers

Louisiana Court of Appeal
996 So. 2d 608 (2008)

Facts

Eric Von Drake (plaintiff) and Edgar Rogers (defendant) were brothers and in a continuing dispute about the use and ownership of a family home. The brothers were co-owners of the property, with Eric owning one-third and Edgar owning two-thirds. Since their mother’s death in 2002, the brothers had been embroiled in personal and legal conflict. Edgar and his family were in possession of the home in which Eric had formerly lived. Among other legal proceedings, Eric eventually sued Edgar for his share of the fair rental value of the home, alleging that Edgar had refused to let him use or occupy the home, and a partition action was initiated as well. The two brothers presented conflicting evidence regarding the details of the continuing conflict, but the balance of the evidence supported a finding that Eric had repeatedly acted to harass Edgar rather than actually seek to use or live in the home. The trial court held that Eric was not entitled to any payment of rent from Edgar and denied his claim. Eric appealed.

Rule of Law

Issue

Holding and Reasoning (Drew, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership