RED BALL OXYGEN, INC. v. SWILLEY

No. CA 11-787.

82 So.3d 360 (2011)

RED BALL OXYGEN, INC. v. John SWILLEY.

Court of Appeal of Louisiana, Third Circuit.

December 7, 2011.


Attorney(s) appearing for the Case

Robert G. Nida , Gold, Weems, Bruser, Sues & Rundell, Alexandria, LA, for Defendant/Appellant, John Swilley.

Thomas D. Davenport, Jr. , The Davenport Firm, APLC, Alexandria, LA, for Plaintiff/Appellee, Red Ball Oxygen, Inc.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JIMMIE C. PETERS, and BILLY HOWARD EZELL, Judges.


EZELL, Judge.

This appeal presents the issue of whether sufficient evidence was presented to establish that earned commissions were never paid to John Swilley by his former employer, Red Ball Oxygen, Inc. The trial court found that there was not sufficient evidence, and we affirm that decision for the following reasons.

FACTS

In February 1999, John Swilley went to work with Red Ball as an outside salesman and signed an employment agreement with them...

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