Malcolm Sutter v. Community Management, L.L.C.
CourtLouisiana Court of Appeal
Date FiledNovember 6, 2026
Docket2026 CA 0288
StatusUnknown
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Full Opinion
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ALCOLM SUTTER
VERSUS
COMMUNITY MANAGEMENT, L. L.C.; RENEE
BROWN; JEFFERY P. HARMON; LAKESHORE ESTATES
HOMEOWNER' S ASSOCIATION, INC.; AND ALLEN CHAMPAGNE
V 0 6 2026
Judgment Rendered:
ON APPEAL FROM THE
22ND JUDICIAL DISTRICT COURT, DIVISION H
ST. TAMMANY PARISH, STATE OF LOUISIANA
DOCKET NUMBER 2024- 15865
0 C
Malcolm H. Sutter Appellant - In Proper Person
Slidell, Louisiana
John W. Waters, Jr. Attorneys for Defendants -Appellees
New Orleans, Louisiana Community Management, L. L.C.,
and Renee Brown, Jeffery P. Harmon,
Anthony S. Maska Lakeshore Estates Homeowner' s
Hammond, Louisiana Association, Inc., and Allen
Champagne
GREENEr 3.
In this appeal, the plaintiff challenges a judgment granting the defendants'
After
exception of res judicata and dismissing his suit against them with prejudice.
review, we deny the plaintiffs motion to file a supplemental brief, reverse the judgment,
and remand.
FACTUAL AND PROCEDURAL BACKGROUND
On October 28, 2024, Malcolm Sutter filed this suit against Community
Management, LLC; Renee Brown; Jeffery P. Harmon; Lakeshore Estates Homeowners
Association, Inc.; and Allen Champagne in the 22nd Judicial District Court under that
court's docket number 2024- 15865 (" 2024 suit"). On January 17, 2025, the defendants
filed an exception of res judicata contending Mr. Sutter's " causes of action [ in the 2024
suit] arise out of the same transactions or occurrence[ s] which were the subject matter
of case nos. 19- 14072 c/ w 21- 111520, Div. C. of the 22nd JDC, St. Tammany" (" 2021 suit").
The defendants claimed the trial court's decisions rendered in the 2021 suit are res
judicata as to Mr. Sutter's claims in the 2024 suit. In support of their exception, the
defendants " adopt[ ed] and incorporate[ ed] by reference the pleadings and judgments"
in the 2021 suit —but, the defendants did not file any of those referenced documents into
the record of the 2024 suit. Mr. Sutter opposed the exception, arguing the parties and
issues in the 2024 suit were not the same as those in the 2021 suit.
On June 18, 2025, the trial court held a hearing on the defendants' res judicata
exception. The parties argued the exception at the hearing, but neither side introduced
evidence. At the end of the hearing, the trial court orally granted the exception, and on
July 9, 2025, signed a judgment granting the exception and dismissing Mr. Sutter"s 2024
suit with prejudice. On July 31, 2025, at Mr. Sutter's request, the trial court signed written
reasons for judgment.
Mr. Sutter appeals the July 9, 2025 judgment, claiming the 2021 suit judgment is
not resjuoficata as to the 2024 Suit, because the 2021 suit judgment is currently on appeal
before this Court under our docket number 2025 CA 1052 c/ w 2025 CA 1053.
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RES JUDICATA
Res judicata bars the reftigation of a subject matter arising from the same
transaction or occurrence as a previous suit. Wicker v, Louisiana Farm Bureau Casualty
Insurance Company, 2018- 0225 ( La. App. 1 Cir. 9/ 21/ 18), 257 So. 3d 817, 821. The
objection of res judicata is raised by a peremptory exception. La. C. C. P. art. 927( A)( 3).
Evidence may be introduced to support or controvert a peremptory exception when the
exception is pleaded at or prior to trial and the grounds thereof do not appear from the
petition. La. C. C. P. art. 931. The party pleading res judicata has the burden of proving
the facts essential to support the exception. Wicker, 257 So. 3d at 821.
A cornerstone of resjudicata is a valid and final judgment. When, however, there
is no proof of a final judgment, res judicata cannot be granted. See La. R. S. 13: 4231; 1
State exrel. Tureau v, BEPCO, L. P., 2020- 0595 ( La. App. 1 Cir. 10/ 7/ 21), 330 So. 3d 1107,
1113, n. 5, writ denied, 2021- 01773 ( La. 3/ 14/ 23), 357 So. 3d 829; In re Succession of
Carlton, 2011- 288 ( La. App. 3 Cir. 10/ 5/ 11), 77 So. 3d 989, 993, writ denied, 2011- 2840
La. 3/ 2/ 12), 84 So. 3d 532; Bond v. Bond, 35, 971 ( La. App. 2 Cir. 4/ 3/ 02), 813 So. 2d
1148, 1149- 50. That is, when the record contains no proof of the final judgment, and
the appellate record contains no evidence demonstrating the matter was previously
adjudicated, the appellate court must reverse the judgment granting the exception of res
judicata and remand the matter to the trial court. Jefferson v. Board of Supervisors of
Southern University and Agricultural and Mechanical College, 2021- 0716 ( La. App. 1 Cir.
3/ 3/ 22), 341 So. 3d 603, 607- 08; also see Richard v. David, 2025- 30 ( La. App. 3 Cir.
1 Louisiana Revised Statutes 13: 4231 provides:
Except as otherwise provided by law, a valid and final judgment is conclusive between the
same parties, except on appeal or other direct review, to the following extent:
1) If the judgment is in favor of the plaintiff, all causes of action existing at the time of
final judgment arising out of the transaction or occurrence that is the subject matter
of the litigation are extinguished and merged in the judgment.
2) If the judgment is in favor of the defendant, all causes of action existing at the time
of final judgment arising out of the transaction or occurrence that is the subject matter
of the litigation are extinguished and the judgment bars a subsequent action on those
causes of action.
3) A judgment in favor of either the plaintiff or the defendant is conclusive, in any
subsequent action between them, with respect to any issue actually litigated and
determined if its determination was essential to that judgment.
3
5/ 14/ 25), 416 So. 3d 669, 672; White v. Cox Operating, LLC, 2016- 0901 ( La. App. 4 Cir.
4/ 5/ 17), 229 So. 3d 534, 539; and Carlton, 77 So. 3d at 993. When the trial court simply
alludes to a prior judgment in granting a res judicata exception but neither the record
nor the judgment from the prior suit has been introduced into evidence, the exceptor
fails to meet his burden of proof on the exception. Union Planters Bank v. Commercial
Capital Holding Corporation, 2004-0871 ( La. App. 1 Cir. 3/ 24/ 05), 907 So. 2d 129, 130-
31; also see Bovie v. St. John the Baptist Parish, Department of Streets and Roads, 13-
162
162 ( La. App. 5 Cir. 9/ 4/ 13), 125 So. 3d 1158, 1161- 62 and Louisiana Business College v.
Crump, 474 So. 2d 1366, 1369 ( La. App. 2 Cir. 1985). And, although a trial court can take
judicial notice of a prior judgment rendered in its own district, such notice is insufficient
evidence for an appellate court to affirm a judgment dismissing a suit on the basis of res
Judicata. Horrell v. Alltmont, 2019- 0945 ( La. App. 1 Cir. 7/ 31/ 20), 309 So. 3d 754, 761.
Herein, the defendants filed no evidence with their exception of resJudicata in the
trial court and introduced no evidence at the June 18, 2025 hearing at which the trial
court heard and ruled on the exception. Thus, notwithstanding any other requirements
necessary to prove res judicata, the defendants have failed to prove that there is a " valid
and final judgment" in the 2021 suit that bars the 2024 suit. SeeJefterson, 341 So. 3d at
607- 08; Tureau, 330 So. 3d at 1113, n. 5; Carlton, 77 So. 3d at 993. Notably, in its July
9, 2025 judgment, the trial court does not identify the " valid and final judgment" that is
the basis of its ruling. Further, its July 31, 2025 reasons for judgment show that the trial
court was obviously familiar with the 2021 suit - but, its reasons merely allude to, but do
not specifically identify, a specific judgment in the 2021 suit that ostensibly bars the 2024
suit.
Rather, the written reasons; simply reference " the judgments rendered by Judge
Swartz in the earlier litigation are valid and final Judgments." However, without a
specifically identified judgment or judgments, we cannot ascertain which claims the trial
court adjudicated in the 2021 suit nor the relief granted. See Bovie, 125 So. 3d at 1161-
62; Union Planters, 907 So. 2d at 130- 31; Louisiana Business College, 474 So. 2d at 1369.
Further, we reject the defendants' reliance on La. C. C. P. art. 853 as authority to
adopt" the pleadings and judgments from the 2021 suit to prove their exception of res
Judicata in the 2024 suit. Under La. C. C. P. art. 853, a " statement in a pleading may be
G'
The adoption of a
adopted by reference ... in another pleading in the same court."
statement" in a pleading in one suit does not constitute evidentiary proof of facts in
another suit and is not a substitute for actually proving the elements of res judicata. For
this same reason, we also reject the defendants' attempt to reference documents in the
record of this Court's docket number 2025 CA 1052 c/ w 2025 CA 1053, another appeal
from the 2021 suit, to show that res judicata is proper in this case.
In sum, the appellate record contains no evidence showing that the present matter
has been previously adjudicated. Without evidence, the defendants failed to meet their
burden of proving their exception of res judicata. Accordingly, we reverse the judgment
and remand this matter to the trial court, where the defendants will have the opportunity
to re -urge the exception in accordance with La. C. C. P. art. 928( 6). See Jefferson, 341
So. 3d at 608. 2
CONCLUSION
For the foregoing reasons, we reverse the July 9, 2025 judgment granting the
exception of res judicata filed by Community Management, LLC; Renee Brown; Jeffery P.
Harmon; Lakeshore Estates Homeowners Association, Inc.; and Allen Champagne. We
remand this matter to the trial court for further proceedings. We deny Malcolm Sutter's
motion to filed a supplemental brief. We assess costs of the appeal to Community
Management, LLC; Renee Brown; Jeffery P. Harmon; Lakeshore Estates Homeowners
Association, Inc.; and Allen Champagne.
REVERSED AND REMANDED; MOTION TO FILE SUPPLEMENTAL BRIEF DENIED.
2 Based on our holding herein, we preterit consideration of Mr. Sutter's assigned errors on appeal. See
Jefferson, 341 So. 3d at 608, n. 1.
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