United Financial Services of Baton Rouge, Inc. v. Guste

555 So. 2d 561, 1989 La. App. LEXIS 2758, 1989 WL 159229
CourtLouisiana Court of Appeal
DecidedDecember 19, 1989
DocketNo. CA 89 0930
StatusPublished
Cited by7 cases

This text of 555 So. 2d 561 (United Financial Services of Baton Rouge, Inc. v. Guste) 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
United Financial Services of Baton Rouge, Inc. v. Guste, 555 So. 2d 561, 1989 La. App. LEXIS 2758, 1989 WL 159229 (La. Ct. App. 1989).

Opinion

LOTTINGER, Judge.

This is an action seeking an injunction and a declaratory judgment brought by United Financial Services of Baton Rouge Inc. (United) against William J. Guste, Jr., Attorney General of the State of Louisiana; Winston Riddick, Assistant Attorney General of the State of Louisiana; the Louisiana Department of Justice; Fred C. Dent, Commissioner of Financial Institutions; Gary M. Newport, legal counsel to the Commissioner; and the Office of Financial Institutions (OFI). The petition seeks to prevent certain records of United in the possession of the OFI from being disseminated to the public by the named defendants. Don Siegelman, Attorney General of Alabama, and the Alabama Department of Insurance intervened in this proceeding in favor of disclosure of the documents.

FACTS

We glean from the record the following facts.1 Alleging that it is a financial institution licensed and regulated by the OFI under Title 6 of the Louisiana Revised Statutes, United argues that it is required by statute to provide information to the OFI relating to United's financial activities; that on October 24, 1988, a letter from Fred Dent, Commissioner, OFI, was sent to United; that the October 24, 1988 letter and the confidential information contained therein was released by defendants to persons outside the employ of OFI in violation of La.R.S. 6:103, 6:129, 44:4(3) and 44:4(4); that the October 24, 1988 letter and the confidential information contained therein was the subject of a series of television news stories; and that other information on file with OFI and pertaining to United was in jeopardy of being released. United asked for both a declaratory judgment and injunctive relief.

Defendants argue that a “limited function financial institution,” licensed pursuant to La.R.S. 6:451, as was United, is not a “financial institution” within the ambit of Chapter 1, Public Records, Title 6, Louisiana Revised Statutes.

TRIAL COURT

The trial court granted a declaratory judgment holding that the records held by OFI pertaining to United were not public records and ordered the defendants, other than intervenors, to comply with the provisions of La.R.S. 6:103 and not to release records in violation of La.R.S. 6:103 unless for the purposes outlined in La.R.S. 6:423 or any other law that requires the inspection of records. A complete text of the trial court judgment is attached as an Appendix.

The Louisiana defendants have appealed, whereas the intervenors have not appealed.

ASSIGNMENTS OF ERROR

In appealing, the defendants-appellants contend the trial court erred in:

[563]*5631. ruling that a financial institution and a limited function financial institution are identical legal entities, and overruling the exception of no right of action;
2. ruling that the records of a limited function financial institution in the custody of OFI enjoyed the same privilege against disclosure under La.R.S. 44:4(4) and La.R.S. 6:103 as a financial institution, and overruling the exception of no right of action;
3. ruling that when records in the custody of OFI are probative of fraud or crimes by the licensee with regard to those records or the actions or transactions they memorialize, and that such records retain any statutory privilege against disclosure which applies, and that such statutory privilege is judicially enforceable;
4. rendering a declaratory judgment which was executory and injunctive and coercive in substance;
5. rendering a declaratory judgment without admitting evidence where the factual allegation of fraud was made;
6. ruling that it is not required for a party to have a justiciable right to invoke the jurisdiction of the court that such a party must be free of the taint of any unlawful or fraudulent conduct with regard to the action or transaction at issue;
7. ruling that fraud and crimes do not vitiate all legal entitlements applying to the fraudulent action or transaction;
8. ruling that all records of the OFI are confidential;
9. ruling that the procedure authorized by La.R.S. 6:423 provided a substantive remedy for fraud and crimes not a violation of Title 6; and
10.denying the defendants their constitutional right to due process of law by denying them the right to introduce any evidence in support of their pleadings.

ASSIGNMENTS OF ERROR NOS. 1, 2, AND 8

The central issue in this case is whether the records, etc., of a “limited function financial institution,” as authorized by La. R.S. 6:451, in the possession of the Office of Financial Institutions are exempt from Title 44, Chapter 1, Public Records, Louisiana Revised Statutes.

The Louisiana Public Records Law, Title 44, Chapter 1, Louisiana Revised Statutes, was enacted to implement the inherent right of the public to be reasonably informed as to the manner, basis, and reasons upon which governmental affairs are conducted. A liberal rather than a restrictive interpretation is applied. Trahan v. Larivee, 365 So.2d 294 (La.App. 3rd Cir.1978), writ denied, 366 So.2d 564 (La.1979); Bartels v. Roussel, 303 So.2d 833 (La.App. 1st Cir.1974), writ denied, 307 So.2d 372 (La.1975).

“Public records” are defined in La.R.S. 44:1 A(2) as:

“All books, records, writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes, recordings, memoranda, and papers, and all copies, duplicates, photographs, including microfilm, or other reproductions thereof, or any other documentary materials, regardless of physical form or characteristics-, including information contained in electronic data processing equipment, having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state, or by or under the authority of any ordinance, regulation, mandate, or order •of any public body or concerning the receipt or payment of any money received or paid by or under the authority of the constitution or the laws of this state, are ‘public records,’ except as otherwise provided in this Chapter or as otherwise specifically provided by law.”

[564]*564The right to examine public records is guaranteed by La.R.S. 44:31 which provides:

“Except as otherwise provided in this Chapter or as otherwise specifically provided by law, and in accordance with the provisions of this Chapter any person of the age of majority may inspect, copy or reproduce or obtain a reproduction of any public record.”

The “[ejxcept as otherwise provided in this Chapter” clause under the facts of this case would have reference to La.R.S. 44:4 which provides:

“This Chapter shall not apply:

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Bluebook (online)
555 So. 2d 561, 1989 La. App. LEXIS 2758, 1989 WL 159229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-financial-services-of-baton-rouge-inc-v-guste-lactapp-1989.