In January 2013, Wesley Erik Hawley met Denise T. Reed. The two became romantically involved in March

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In January 2013, Wesley Erik Hawley met Denise T. Reed. The two became romantically involved in March 2013 and eventually were engaged to be married. Mr. Hawley was a widower and a thoroughbred horse trainer/owner with over 20 years’ experience.

On September 4, 2013, Mr. Hawley attended a thoroughbred horse sale through Equine Sales Company, in Opelousas, Louisiana, where he purchased a filly named “Clever Sue” for $4,000.00. In April 2014, Mr. Hawley placed Ms. Reed’s name as the owner on the horse’s registration papers, which had been mailed to him as the buyer/owner.

In September 2014, the couple ended their relationship and called off the wedding. Thereafter, on September 25, 2014, Mr. Hawley signed Ms. Reed’s name on the ownership papers, transferring the paper title back to himself. At this point, Clever Sue had never run a race, and the expenses for her maintenance were already over $20,000.00. Since that time, the horse had run several races and had won some prize money. All costs of purchasing and maintaining the horse had been paid solely by Mr. Hawley.

Ms. Reed filed an original and supplemental petition under theories of conversion, fraud, breach of contract and negligence per se, due to Mr. Hawley’s alleged forgery of her signature on the official registration papers for a thoroughbred racehorse. She contended that she was the owner of the racehorse at all pertinent times. She sought damages in the amount of the purse money earned by the horse.

She also sought damages for inconvenience. Mr. Hawley filed a reconventional demand against Ms. Reed, seeking the return of an engagement ring, a trophy, and pictures.

A trial on the merits took place on June 19 and 20, 2017. At the conclusion of trial, the court ruled in Mr. Hawley’s favor on Ms. Reed’s claims relating to ownership of the racehorse and right to purse money. The court ruled in Ms. Reed’s favor with regard to Mr. Hawley’s reconventional demand. The court signed a judgment on July 11, 2017. On July 17, 2017, Ms. Reed filed a motion for new trial, which was denied on October 26, 2017. Ms. Reed appealed the trial court’s judgment. Who is the true owner of the horse and/or the purse money? How did the court rule?

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Dynamic Business Law

ISBN: 9781260733976

6th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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