Full Opinion (html_with_citations)

ECLECTIC INVESTMENT                     *       NO. 2022-CA-0197
PARTNERS, LP
                                        *
VERSUS                                          COURT OF APPEAL
                                        *
ANDREW WILSON, SR. AND                          FOURTH CIRCUIT
ANDREW WILSON, JR. AND THE              *
CITY OF NEW ORLEANS                             STATE OF LOUISIANA
                                    *******

CONSOLIDATED WITH:                               CONSOLIDATED WITH:

EASY LIVING CONSTRUCTION, LLC                    NO. 2022-CA-0198

VERSUS

ECLECTIC INVESTMENT PARTNERS,
LP AND THE CITY OF NEW ORLEANS

CONSOLIDATED WITH:                               CONSOLIDATED WITH:

ECLECTIC INVESTMENT PARTNERS,                    NO. 2022-CA-0199
LP

VERSUS

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


                               APPEAL FROM
               CIVIL DISTRICT COURT, ORLEANS PARISH
                       NO. 2017-11634, DIVISION “M”
                       Honorable Paulette R. Irons, Judge
                                  ******
                        Judge Sandra Cabrina Jenkins
                                  ******
(Court composed of Judge Edwin A. Lombard, Judge Sandra Cabrina Jenkins,
Judge Tiffany Gautier Chase)

CHASE J., CONCURS IN THE RESULT

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

     LIMITED REHEARING GRANTED; RELIEF DENIED; ORIGINAL
                                      OPINION AFFIRMED
                                       DECEMBER 27, 2022
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


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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




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