Terence Cooper & Vanessa Cooper v. Sidney Brisco, III and English Turn Property Owners Association, Inc.

Opinion

TERENCE COOPER & * NO. 2022-CA-0196 VANESSA COOPER

*

VERSUS COURT OF APPEAL

*

SIDNEY BRISCO, III AND FOURTH CIRCUIT ENGLISH TURN PROPERTY * OWNERS ASSOCIATION, INC. STATE OF LOUISIANA *******

APPLICATION FOR REHEARING DIRECTED TO CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2020-09870, DIVISION “B-5”

Honorable Rachael Johnson, ******

Judge Paula A. Brown

******

(Court composed of Judge Roland L. Belsome, Judge Daniel L. Dysart, Judge Paula A. Brown)

Ryan Michael Scafidel SCAFIDEL LAW FIRM, L.L.C. 4130 Canal Street New Orleans, LA 70119

Kyle Salvador Sclafani THE LAW OFFICE OF KYLE S. SCLAFANI 4130 Canal Street, Suite A New Orleans, LA 70119

COUNSEL FOR PLAINTIFF/APPELLEE

Jacob Kansas LAW OFFICE OF JACOB KANSAS 1801 Carol Sue Avenue Gretna, LA 70056

COUNSEL FOR DEFENDANT/APPELLANT

REHEARING GRANTED FOR CLARIFICATION;

RELIEF DENIED; ORIGINAL OPINION OF OCTOBER 18, 2022

MAINTAINED

NOVEMBER 15, 2022

PAB RLB DLD

Relator, English Turn Property Owners’ Association, Inc. (“ETPOA”),

petitions this Court for a rehearing of our October 18, 2022 decision, which

affirmed the district court’s judgment granting the motion for partial summary

judgment to quiet title in 99% interest of immovable property filed by Respondent,

Terence Cooper & Vanessa Cooper (“the Coopers”). We grant rehearing for the

limited purpose of clarifying this Court’s judgment. In all other respects, the

application for rehearing is denied and our original judgment is maintained.

In its application for rehearing, ETPOA either re-urges arguments made on

appeal and previously reviewed by this Court, or raises for the first time, new

arguments for this Court’s review. We decline to grant rehearing on these issues.

ETPOA, however, has raised errors that this Court deems necessary to clarify.

ETPOA points to factual errors contained within this Court’s October 18,

2022 judgment. Specifically, it directs our attention to the correct date of the

district court judgment, December 1, 2021, as well as the correct entity from which

Mr. Brisco purchased the property that is the subject of this litigation, English Turn

Limited Partnership. We agree. Therefore, in order to clarify this Court’s

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judgment, the correct date of the district court’s judgment is December 1, 2021 and

should be read as such throughout the opinion. Further, we recognize that English

Turn Limited Partnership was the entity who entered into a credit sale with Mr.

Brisco for the subject property.

For the foregoing reasons, we grant rehearing for one very limited purpose:

to make factual corrections, noted supra, to our original opinion.

REHEARING GRANTED FOR CLARIFICATION;

RELIEF DENIED; ORIGINAL OPINION OF OCTOBER 18, 2022

AFFIRMED