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Von Drake v. Rogers

996 So. 2d 608 (2008)

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Von Drake v. Rogers

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

CS

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.)

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