Moon v. City of New Orleans

190 So. 3d 422, 2016 WL 1060520
CourtLouisiana Court of Appeal
DecidedMarch 16, 2016
DocketNos. 2015-CA-1092, 2015-CA-1093
StatusPublished
Cited by47 cases

This text of 190 So. 3d 422 (Moon v. City of New Orleans) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moon v. City of New Orleans, 190 So. 3d 422, 2016 WL 1060520 (La. Ct. App. 2016).

Opinion

SANDRA CABRINA JENKINS, Judge.

hln two consolidated lawsuits, plaintiffs filed petitions for preliminary and permanent injunction, writ of mandamus, and declaratory judgment, seeking to prohibit the City of New Orleans, the Mayor, and the City Council (collectively, defendants) from issuing Certificates of Public Necessity and Convenience (CPNC) for limousines to any applicant .who failed to submit proof of a fidelity bbnd as required by the Code of the City of New Orleans;1. The City, on behalf of all named defendants, filed peremptory exceptions of no right of action, nonjoinder of a party, and no cause of action.-. Following a hearing on the City’s exceptions, the trial court signed a judgment on August-14, 2015, stating “the exceptions filed by the City in the above captioned matter are hereby GRANTED.” Plaintiffs now appeal that August 14, 2015 judgment, which purportedly dismisses the plaintiffs’ case.

For the reasons that follow, we find that the judgment on appeal is not a valid, final, appealable judgment. Accordingly, we dismiss the appeal without ^prejudice and remand this matter to the trial court so that a valid final judgment may be rendered and signed.

FACTS AND PROCEDURAL HISTORY

In October 2014, the City of New Orleans issued a bulletin inviting individuals arid businesses to submit applications for certificates of public necessity and convenience (CPNC) to operate limousines in the City. The bulletin provides a list of CPNC applicant requirements and information. Both the bulletin and application advise CPNC applicants arid holders to réview Chapter 162 of the Code of the City of New Orleans regarding the requirements and regulations for CPNCs.

' On January 23, 2015, the Director of Safety and Permits for the City of New Orleans held a lottery for one hundred and fifty new CPNCs to operate limousines in the City. Over one hundred individuals and" businesses participated in the lottery and most participants were selected to continue with "the process for' obtaining a [424]*424CPNC. On that same date, plaintiff Alvin Moon made a public records request, pursuant to La. R.S. 44:1 et seq., for “copies of all new and amended applications, along with supporting documentation therefor [sic], for certificates of public necessity-filed with or submitted to the City of New Orleans during the period of October 3, 3014 through January 12, 2015.” On January 28, 2015, the Gity responded- to the public records request stating that the requested documents had been compiled and would be made available upon receipt of an administrative fee. ■

laOn February 3, 2015, plaintiff Alvin Moon filed suit against defendants alleging that the City.failed to comply fully with the public records request by withholding documentation of the fidelity bond required to be provided by applicants for a CPNC for limousines, pursuant to the Code of the City of New Orleans, § 162-189(a). In addition, plaintiff alleged that defendants improperly issued CPNCs, to applicants without the required proof of a fidelity bond. Plaintiff sought a writ of mandamus ordering the production of all documents responsive to the public records request and sought a preliminary and permanent injunction preventing the City from issuing any CPNCs for limousines to applicants who, at the time qf application, failed to submit proof of the fidelity bond required by the Code of the City of New Orleans.

On February 25, 2015, plaintiff Jerome Nealy filed a separate suit against defendants alleging that all, individuals and businesses chosen for CPNCs through the lottery failed to comply with .applicant requirements, including but not limited to the fidelity bond, pursuant to the Code of the City of New Orleans. Plaintiff in the second suit sought declaratory judgment declaring all applications submitted to the City from October 3, 2014 through January 12, 2015 defective and prohibited by the Code of the City of New Orleans. In addition, plaintiff sought the same preliminary and permanent injunctive relief as sought by plaintiff Alvin Moori in the first suit. Subsequently, plaintiffs filed a motion to consolidate the two suits, which the trial court granted on April 16, 2015.

|40n April 17, 2015, the City filed an opposition to plaintiffs’ petitions and peremptory exceptions qf no right of action, nonjoinder of a party, and no cause of action. By the peremptory exceptions, the City argued that plaintiffs were not applicants for CPNCs; plaintiffs had no interest in the outcome of the matter; plaintiffs had no standing to. bring suit against the City; plaintiffs failed to state a valid cause of action; and, accordingly, plaintiffs’ petitions should be dismissed.

On May 5, 2015, Taxicab Limited, Inc., filed a petition for intervention alleging that it had an interest in the consolidated action against the City and seeking injunc-tive relief in the form of a temporary restraining order and' preliminary and permanent injunction. In response to the petition for intervention, the City filed the same exceptions- as against plaintiffs’ petitions. The City also argued that the petition for intervention was impermissibly vague and improperly cumulates actions.

On July 1, ,2015, the trial court held a hearing on the peremptory exceptions qf no right of action, nonjoinder of a party, and no cause of action filed by the City. The trial court; heard arguments from each party on the peremptory exceptions of no right of action and nonjoinder of a party. As to the former, the trial court did not state a ruling; as to the latter, the trial court stated as'follows:

So. in terms of the Exception of Non-joinder of Indispensable Party, I would certainly grant that. And as such, I think that until such parties are advised [425]*425that they have to be part of this litigation, that matter can’t go forward. So on that basis I guess I’m dismissing the action.

The trial court then asked the attorney for the City to prepare a judgment “to that effect.” Prior to the signing of judgment, on July 17, > 2015, plaintiffs filed a motion Irfor appeal of the judgment rendered in open court, on July 1, 2015, “dismissing the instant matter.” The trial court granted the motion and signed the order for appeal on July 21, 2015. Subsequently, on August 14, 2015, the trial court signed‘the judgment' on appeal which states as follows: ■ -

This matter came on a hearing on the City’s exceptions on July 1,2015.
After considering the pleadings, evidence, arguments of counsel, and the law, the exceptions filed by the City in the above captioned matter are hereby GRANTED.
This timely appeal followed.

DISCUSSION

Before considering the merits in any appeal, appellate courts have the duty to determine sua sponte whether subject matter jurisdiction exists, even when the parties do not raise the issue. See West Jefferson Medical Center Staff ex rel. Bornski v. State, 09-1365, p. 2 (La.2/26/10), 28 So.3d 257, 258; Boudreaux v. State, Dept. of Transp. and Development, 01-1329, p. 8 (La.2/26/02), 815 So.2d 7, 13. Importantly, we cannot reach the merits of an appeal unless our appellate court jurisdiction has been properly, invoked by a valid final judgment. See Bd. of Supervisors of La. State Univ. and Agric. and Mech. College v. Mid City Holdings, L.L.C., 14-0506, p. 2 (La.App. 4 Cir. 10/15/14), 151 So.3d 908, 910; Input/Output Marine Sys., Inc. v. Wilson Greatbatch, Tech., Inc., 10-477, p.

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Bluebook (online)
190 So. 3d 422, 2016 WL 1060520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moon-v-city-of-new-orleans-lactapp-2016.