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Fransen v. City of New Orleans

Court of Appeal of Louisiana, Fourth Circuit
Dec 12, 2007
No. 2006-CA-1325 (La. Ct. App. Dec. 12, 2007)

Opinion

No. 2006-CA-1325.

December 12, 2007.

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH, NO. 2002-5170, DIVISION "N", HONORABLE ETHEL SIMMS JULIEN, JUDGE.

ON APPLICATION FOR REHEARING.

A. REMY FRANSEN, JR., ALLAIN F. HARDIN, FRANSEN HARDIN, A.P.L.C., NEW ORLEANS, LA, AND HENRY L. KLEIN, NEW ORLEANS, LA, COUNSEL FOR PLAINTIFF/APPELLANT.

BRIAN A. JACKSON, SHANNON S. HOLTZMAN, JASON R. JOHANSON, LISKOW LEWIS, APLC, NEW ORLEANS, LA, COUNSEL FOR DEFENDANTS/APPELLEES (LINEBARGER, GOGGAN, BLAIR, PENA SAMPSON AND UNITED GOVERNMENTAL SERVICES OF LOUISIANA, INC.).

PENYA M. MOSES-FIELDS, CITY ATTORNEY, DETRICH D. HEBERT, DEPUTY CITY ATTORNEY, EVELYN F. PUGH, CHIEF DEPUTY CITY ATTORNEY, LAWRENCE BLAKE JONES, ASSISTANT CITY ATTORNEY, NEW ORLEANS, LA, AND RICHARD G. BARHAM, BARHAM, WARNER BELLAMY, L.L.C., SHREVEPORT, LA, COUNSEL FOR DEFENDANT/APPELLEE (CITY OF NEW ORLEANS, DEPARTMENT OF FINANCE, BUREAU OF REVENUE)

Court composed of Chief Judge Joan Bernard Armstrong, Judge Michael E. Kirby, Judge Edwin A. Lombard.


We grant rehearing for the limited purpose of correcting a misstatement of fact in our original opinion. Our original opinion includes the statement, "Plaintiffs were instructed to pay an amount equal to 30% of their delinquent ad valorem taxes to a law firm working on behalf of the City." The record shows that while the defendant law firm sent collection letters to delinquent taxpayers, the letters actually instructed taxpayers to make their checks payable to and mail payments directly to the City of New Orleans. However, this in no way changes the outcome of our original opinion. In all other respects, rehearing is denied.

REHEARING DENIED IN PART; GRANTED IN PART.


Summaries of

Fransen v. City of New Orleans

Court of Appeal of Louisiana, Fourth Circuit
Dec 12, 2007
No. 2006-CA-1325 (La. Ct. App. Dec. 12, 2007)
Case details for

Fransen v. City of New Orleans

Case Details

Full title:A. REMY FRANSEN, JR. AND ALLAIN F. HARDIN v. CITY OF NEW ORLEANS, ET AL

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Dec 12, 2007

Citations

No. 2006-CA-1325 (La. Ct. App. Dec. 12, 2007)