ECLECTIC INVESTMENT PARTNERS LP v. ANDREW WILSON SR AND ANDREW WILSON JR AND THE CITY OF NEW ORLEANS (2022)

Court of Appeal of Louisiana, Fourth Circuit.

ECLECTIC INVESTMENT PARTNERS, LP v. ANDREW WILSON, SR. AND ANDREW WILSON, JR. AND THE CITY OF NEW ORLEANS
EASY LIVING CONSTRUCTION, LLC v. ECLECTIC INVESTMENT PARTNERS, LP AND THE CITY OF NEW ORLEANS
ECLECTIC INVESTMENT PARTNERS, LP v. CHELSEY RICHARD NAPOLEON, AS EX-OFFICIO RECORDER OF CONVEYANCES FOR THE PARISH OF ORLEANS, IN HER CAPACITY AS CLERK OF THE CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS, AND EASY LIVING CONSTRUCTION, LLC

NO. 2022-CA-0197, NO. 2022-CA-0198, NO. 2022-CA-0199

Decided: December 27, 2022

(Court composed of Judge Edwin A. Lombard, Judge Sandra Cabrina Jenkins, Judge Tiffany Gautier Chase)

Scott Joseph Sonnier ATTORNEY AT LAW 601 Poydras Street Suite 2355 New Orleans, LA 70130 COUNSEL FOR PLAINTIFF/APPELLANT John A. E. Davidson DAVIDSON & DAVIDSON, APLC 5000 W. Esplanade Suite A # 284 Metairie, LA 70006 COUNSEL FOR DEFENDANT/APPELLEE

SCJ

EAL

We grant Eclectic Investment Partnership, LP's (“Eclectic”) application for rehearing for the limited purpose of addressing Eclectic's argument made in its original brief that Easy Living Construction, LLC (“Easy Living”) had no right of action to annul the tax sale.

Following this Court's November 30, 2022 decision, Eclectic filed an application for rehearing, requesting the ruling of the trial court that granted summary judgment, and annulled the May 17, 2018 judgment that confirmed and quieted the tax sale title be reversed and the matter remanded for further proceedings. Eclectic based its application on this Court not addressing Easy Living's petition to annul.

The exception of no right of action assumes that the petition states a valid cause of action and questions whether the plaintiff in the particular case has a legal interest in the subject matter of the litigation. Williams v. Buck Kreihs Marine Repair, LLC, 2021-0001, p. 4 (La. App. 4 Cir. 2/24/21), 314 So.3d 1040, 1043 (quoting Van Meter v. Gutierrez, 2004-0706, p. 7 (La. App. 4 Cir. 2/16/05), 897 So. 2d 781, 786). Eclectic argued that a quiet title action has occurred and the ownership interest of the property was transferred to Eclectic prior to Andrew Wilson, Jr. transferring his interest in the property to Easy Living through a quitclaim deed. A review of Easy Living's petition to annul reveals that Easy Living was the assignee and transferee of all rights of Andrew Wilson, Jr. in connection with the property at issue. As a holder of a quitclaim deed, Easy Living has a right of action to bring a suit to nullify the tax sale on account of lack of proper notice to Andrew Wilson, Jr. Therefore, the trial court did not err by denying the exception of no right of action.

For these reasons, we grant a limited rehearing, deny relief, and affirm our original opinion.

LIMITED REHEARING GRANTED; RELIEF DENIED; ORIGINAL

OPINION AFFIRMED

Judge Sandra Cabrina Jenkins

CHASE J., CONCURS IN THE RESULT

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