Paul Murphy / Eyewitness News
NEW ORLEANS -- A judge has settled a feud involving the first family of New Orleans Mardi Gras, at least for now.
Friday, he ordered that Blaine Kern honor a previous agreement to surrender control of the float building company that bears his name to his son Barry.
The Kern family feud played out in Orleans Civil District Court with attorneys for the Kerns, battling it out before Judge Kern Reese.
Barry sued his father for managerial control of the mult-million dollar float design and building empire.
Attorneys for the younger Kern argued that the 83-year-old founder of Blaine Kern Artists has not fulfilled the terms of an agreement he signed six months ago. That agreement made Barry head of the company in exchange for $1 million and other considerations.
"I don't know for sure what happened, but in the early fall of 2010, after Blaine got married for the fourth time, he wanted to reassert total control and that's when they got into a dispute," said Barry's attorney Randy Smith.
Blaine's attorney Bill Wessel argued that the lawsuit was not in proper form and that the son did not show how the company would be harmed, if the older Kern kept his hand in the business.
At the end of the hearing Judge Reese sided with the younger Kern saying: "The Kern name has long been associated with Mardi Gras. We all know what Mardi Gras means to New Orleans. It hurts my heart to see the Kern family embroiled in controversy."
"We're thrilled, this is what we needed," said Smith. "The Carnival krewes were saying that they didn't feel comfortable signing contracts and moving ahead with Mardi Gras 2012 without a determination of who's running that company. This judge said it's Barry Kern."
Krewe of Endymion founder and Captain Ed Muniz, who helped broker the original agreement, said the Kerns need to work out their differences once and for all.
"I would hope that they sit down like level-headed people, like a father and son should and work this thing out," said Muniz. "You should be embarrassed to have all your business on the street like that."
The judge ordered that the company be turned over to Barry Kern no later than April 26.
The ruling will remain in effect until both parties reach a final agreement or there is a trial on the merits of the case.
Neither Kern was in court for the hearing.
Blaine Kern's attorney said he will ask the state's Fourth Circuit Court of Appeal to review the case.
Blaine Kern issued the following comment:
"I'm the majority shareholder of my company, the chairman of the board of directors and the only thing I'm concerned about is that Mardi Gras goes on as it always has."
