STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STEPHEN SALASSI AND JENNIFER NO. 2023 CW 0037 SALASSI VERSUS STEVE BLACKWELL, RHONDA BLACKWELL, MICHAEL FREELAND, AND K.W.E.J., LLC, D/B/A APRIL 5, 2023 KELLER WILLIAMS REALTY 455- 0100

In Re: Steve and Rhonda Blackwell, ,applying for supervisory writs, 22nd Judicial Distriqt Court, Parish of St. Tammany, No. 202111751.

BEFORE: THERIOT, CHUTZ, AND HESTER, J~.

WRIT GRANTED. The district court's November 16, 2022 judgment denying the motion for summary judgment filed by Defendants, Steve and Rhonda Blackwell,, is reversed. On our de novo review, we find Plaintiffs failed to produce factual support sufficient to establish the exi 9 tence of a genuine issue of material fact or that Defendants are not entitled to judgment as a matter of law. We found no evidence that Defendants intended to defraud Plaintiffs, and such evidence is required to invalidate an otherwise effective waiver of the warranty against redhibitory defects. See Minton v. Acosta, 2021-1180 (La. App. 1st Cir. 6/3/22), 343 So.3d 721, 726~ Further, neither the purchase agreement nor the act of sale predicates the sale of the property on the existence of a roof, warranty, and the broad language of the waivers therein 1 precludes a negligent misrepresentation claim. Accordingly, the motion for summary judgment filed by Defendants is granted, and the claims asserted by Plaintiffs, Stephen and Jennifer Salassi, against Defendants, Steve and Rhonda Blackwell, are hereby dismissed with prejudice.

MRT WRC CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT