Jonathan Murray v. Universal Parking and Transportation, LLC

Opinion

JONATHAN MURRAY * NO. 2024-CA-0787

VERSUS * COURT OF APPEAL

UNIVERSAL PARKING AND * TRANSPORTATION, LLC FOURTH CIRCUIT

*

STATE OF LOUISIANA

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APPEAL FROM

CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2023-05534, DIVISION “B”

Honorable Marissa Hutabarat, Judge ******

Judge Dale N. Atkins

******

ON REHEARING

(Court composed of Judge Paula A. Brown, Judge Tiffany Gautier Chase, Judge Dale N. Atkins)

Cesar R. Burgos Robert J. Daigre BURGOS & ASSOCIATES, LLC 3535 Canal Street New Orleans, LA 70119

COUNSEL FOR PLAINTIFF/APPELLANT, Jonathan Murray

Matthew A. Sherman Nicholas R. Varisco CHEHARDY, SHERMAN, WILLIAMS, RECILE, & HAYES, L.L.P. One Galleria Boulevard, Suite 1100 Metairie, LA 70001

COUNSEL FOR DEFENDANT/APPELLEE, Universal Parking and Transportation, LLC

LIMITED REHEARING GRANTED OCTOBER 17, 2025

DNA PAB TGC

This Court, sua sponte, grants a limited rehearing in this matter to clarify a reference to a case in our original Opinion issued on July 8, 2025. See Harper v. Farmers’ & Merchants’ Nat’l Bank of Cambridge, 155 Md. 693, 142 A. 590, 592 (1928) (citation omitted).

In discussing the exception of lack of subject matter jurisdiction in our original opinion, we cited to Jacobsen v. Asbestos Corp. Ltd., 2012-0655 (La. App. 5 Cir. 5/30/13), 119 So.3d 770, for the specific proposition regarding evidence submitted at a contradictory hearing. We grant this limited rehearing to note that in a recent Opinion issued by this Court, Senior v. Overlog, Inc., 2024-0541 (La. App. 4 Cir. 4/21/25), 414 So.3d 965, we improperly followed Jacobsen in our discussion of an exception of improper venue. Specifically, the Senior Opinion cited Jacobsen as authority for holding that “[i]f there has been no contradictory hearing [on an exception of improper venue], then the trial court does not err in rendering judgment based upon the parties’ oral argument and the documents attached to their memoranda . . . even if the parties did not introduce those documents into evidence at the hearing.” 2024-0541, p. 9, 414 So.3d at 974 (citation omitted). Subsequently, we determined that Jacobsen does not stand for

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the proposition enunciated in Senior; rather, according to Jacobsen, if the trial court did not conduct a contradictory hearing regarding an exception of lack of personal jurisdiction, then “the court will decide the matter on a record comprised of ‘pleadings, memoranda, and discovery depositions taken’ in the matter.’” 2012- 655, pp. 6-7, 119 So.3d at 775-76.

LIMITED REHEARING GRANTED