# Sitter v. Warner

> Louisiana Court of Appeal · May 16, 2007 · 961 So. 2d 1258

URL: https://www.frixlaw.com/law-library/cases/7789689

## Case

- **Full name:** Michael Shane SITTER and Rachel Allison Sitter v. Michael Sean WARNER, Jacqueline Elaine Mann Warner, Shirley Davis, Era World Real Estate, Inc. & The Board of Commissioners of The Bossier Levee District
- **Court:** Louisiana Court of Appeal
- **Decided:** May 16, 2007
- **Citations:** 961 So. 2d 1258; 2007 La. App. LEXIS 1021; 2007 WL 1427475
- **Precedential status:** Published
- **Opinion:** Dissent by Moore
- **Judges:** Brown, Caraway, Gaskins, Moore, Peatross
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7789689

## Opinion text

MOORE, J.,
dissents.
hi respectfully dissent for the reasons assigned in this court’s original opinion. Ordinarily a variance between the documents and a party’s testimony will create a genuine issue of material fact. Here, however, the plaintiffs admitted in deposition that they received all the information relayed through the parties’ respective agents. This fact demonstrates that the plaintiffs will not be able to prove an essential element of their claim, that the defects were not known to them at the time of the sale. The prospect that a fact finder might discredit the plaintiffs testimony is not grounds for denying the summary judgment. Babin v. Winn-Dixie La., 2000-0078 (La.6/30/00), 764 So.2d 37 . Moreover, nobody disputes that the quarter-inch separations in the brick and fascia and the hole in the back yard were readily apparent; these would lead a reasonably prudent buyer to inspect further. I would affirm the judgment of the trial court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7789689. Public record. Not legal advice.