Barrios Investments, LLC Versus Linh Tran

Opinion

BARRIOS INVESTMENTS, LLC NO. 23-CA-155

VERSUS FIFTH CIRCUIT

LINH TRAN COURT OF APPEAL

STATE OF LOUISIANA

March 27, 2024

Susan Buchholz Chief Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Fredericka Homberg Wicker, Jude G. Gravois, and Marc E. Johnson

REHEARING GRANTED WITH REASONS

MEJ FHW JGG JOHNSON, J.

Appellee/Plaintiff, Barrios Investments, LLC (“Barrios Investments”), has

filed an application for rehearing in this matter concerning the notice of intent to

obtain a default judgment analysis in our original opinion rendered on December

20, 2023. This Court found that, pursuant to La. C.C.P. art. 1702(A)(4), Barrios

Investments was required to send Appellant/Defendant, Linh Tran, notice that it

intended to obtain a default judgment through regular mail. Upon review, we find

merit to Barrios Investments’ application for rehearing. We agree that we

concluded, in error, that Barrios Investments was required to comply with La.

C.C.P. art. 1702(A)(4) for this action, and we have corrected the appropriate

portions of the analysis in the opinion.

Accordingly, we grant the rehearing application for the reasons stated in the

analysis of the corrected opinion rendered on March 20, 2024.

23-CA-155 1 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 03/27/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

23-CA-155 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen C. Grefer (District Judge) James E. Uschold (Appellee) Mark J. Boudreau (Appellee) Connie P. Trieu (Appellant)

MAILED Paul W. Pritchett (Appellee) Attorney at Law 700 Camp Street Suite 317 New Orleans, LA 70130