Opinion
NO. 2018 CW 1509
02-15-2019
FIREFIGHTERS' RETIREMENT SYSTEM AND CITY OF AUSTIN POLICE RETIREMENT SYSTEM v. SAIL CAPITAL PARTNERS, LLC, SAIL VENTURE PARTNERS II, LLC, A LOUISIANA LIMITED LIABILITY COMPANY, SAIL SUSTAINABLE LOUISIANA, LIMITED PARTNERSHIP, SAIL XTREME APRS FUND, LP, F. HENRY "HANK" HABICHT, II, WALTER L. SCHINDLER, AND ENERECAP PARTNERS, LLC
In Re: Sail Capital Partners, LLC, Sail Venture Partners II, LLC, Sail Sustainable Louisiana, Limited Partnership, Sail Xtreme APRS Fund, LP, and F. Henry "Hank" Habicht, II, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 643181. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
WRIT DENIED.
JMG
MRT
Penzato, J., concurs in part and dissents in part. Plaintiffs', Firefighters' Retirement System and City of Austin Police Retirement System, amended petition failed to make a prima facie showing that SAIL Xtreme APRS Fund, LP had minimum contacts with Louisiana sufficient to confer personal jurisdiction on the court. Accordingly, I dissent in part and would reverse the portion of the trial court's November 27, 2018 judgment denying relators', SAIL Capital Partners, LLC, SAIL Venture Partners II, LLC, A Louisiana Limited Liability Company, SAIL Sustainable Louisiana, Limited Partnership, SAIL Xtreme APRS Fund, LP, F. Henry "Hank" Habicht, II, Walter L. Schindler, and Enerecap Partners, LLC, declinatory exception for lack of personal jurisdiction as to SAIL Xtreme APRS, LP, and grant the exception but allow plaintiffs the opportunity to amend the petition pursuant to La. Code Civ. P. arts. 933 and 934 in order to attempt to remove the grounds of the objection. I concur in part and would deny the writ application as to the exception of improper cumulation. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT