State of Louisiana, Division of Administration, Office of Community Development-Disaster Recovery Unit v. Linda Ann Porter A/K/A Linda Tapp Porter

STATE OF LOUISIANA, * NO. 2022-CA-0250 DIVISION OF ADMINISTRATION, OFFICE * OF COMMUNITY COURT OF APPEAL DEVELOPMENT-DISASTER * RECOVERY UNIT FOURTH CIRCUIT * VERSUS STATE OF LOUISIANA ******* LINDA ANN PORTER A/K/A LINDA TAPP PORTER

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2018-12429, DIVISION “L” Honorable Kern A. Reese, Judge ****** Judge Tiffany Gautier Chase ****** On Application for Rehearing

(Court composed of Judge Edwin A. Lombard, Judge Sandra Cabrina Jenkins, Judge Tiffany Gautier Chase)

Mary Catherine Cali John Carroll Walsh Caroline M. Tomeny William J. Wilson John C. Conine, Jr. Drew D. Lyons SHOWS CALI & WALSH, LLP 628 St. Louis Street P.O. Drawer 4425 Baton Rouge, LA 70821

COUNSEL FOR PLAINTIFF/APPELLANT

Christopher H. Szeto THE LAW OFFICE OF CHRISTOPHER SZETO 8131 Plum Street, Suite 1 New Orleans, LA 70118

COUNSEL FOR DEFENDANT/APPELLEE

REHEARING GRANTED FOR THE LIMITED PURPOSE OF CLARIFICATION; APPELLATE

JUDGMENT OF SEPTEMBER 7, 2022 MAINTAINED SEPTEMBER 19, 2022

TGC EAL Appellee, Linda Porter (hereinafter “Ms. Porter”), petitions this Court for a SCJ rehearing of our September 7, 2022 decision, which reversed the trial court’s

judgment granting Ms. Porter’s exception of peremption. Ms. Porter contends that

this Court erroneously found that La. R.S. 9:2772 is inapplicable because she is not

a land surveyor. She maintains that this Court based its conclusion on a factual

determination that was not made by the trial court. We grant rehearing solely to

clarify our original opinion.

As stated in our original opinion, La. R.S. 9:2772 applies to any person

performing land surveying services as defined by La. R.S. 37:682, which defines

land surveyor as an individual qualified and licensed to practice land surveying.

See La. R.S. 37:682(8). The fact that the basis of the trial court’s ruling did not

specifically center on whether Ms. Porter was a land surveyor is irrelevant to this

court’s de novo review, as this Court analyzed the ultimate ruling of the trial court.

In reviewing the granting of an exception of peremption, a legal question is raised

as it involves the interpretation of a statute. Thrasher Const. v. Gibbs Residential,

L.L.C., 2015-0607, p. 6 (La.App. 4 Cir. 6/29/16), 197 So.3d 283, 288-89. Thus, the *2 threshold inquiry for the application of La. R.S. 9:2772 is whether Ms. Porter was a land surveyor. La. R.S. 9:2772 is a specialized statute that specifically applies to land surveyors, not homeowners. Therefore, La. R.S. 9:2772 can only be interpreted to apply to land surveyors as the statute references La. R.S. 37:682 multiple times when discussing the definition of persons performing land surveying services. Before analyzing whether Ms. Porter meets the requirements of La. R.S. 9:2772, we must first determine whether the statute even applies to her. We find that it does not. As clarified herein, the original opinion of this Court is affirmed.

REHEARING GRANTED FOR THE LIMITED PURPOSE OF CLARIFICATION; APPELLATE JUDGMENT OF SEPTEMBER 7, 2022 MAINTAINED