STUART H. SMITH, RODNEY STEPHENS, DAVID A. VEAZEY, GUADALUPE GAMEZ, AND NEAL LANEY
CITY OF NEW ORLEANS, THROUGH ITS DIRECTOR OF DEPARTMENT OF PUBLIC WORKS, JOHN H. SHIRES, PARKING ENFORCEMENT OFFICERS FOR UNIT 10, BEAT 100 (P. HARRIS, BADGE 139) (THOMAS, BADGES 103) AND (C.WILIAM, BADGE 78), DIRECTOR OF DEPARTMENT OF SAFETY AND PERMITS, MICHAEL CENTINEO, NEW ORLEANS CITY PLANNING COMMISSION, VIEUX CARRE COMMISSION, THROUGH ITS DIRECTOR, LARRY P. HESDORFER, PARKING SOLUTIONS, LLC., AND STANDARD PARKING CORPORATION
FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2005-05453,
DIVISION "A" Honorable Tiffany G. Chase, Judge.
Stephen B. Murray, Sr. Art M. Murray Jessica Wittmer Hayes
MURRAY LAW FIRM AND Salvador I. Bivalacqua Scott M. Galante
GALANTE & BIVALACQUA, LLC AND Barry J. Cooper, Jr. COOPER
LAW FIRM, L.L.C. COUNSEL FOR PLAINTIFFS/APPELLANTS
J. Lee Michael Q. Walshe, Jr. Heather S. Lonian STONE PIGMAN
WALTHER WITTMANN, LLC COUNSEL FOR DEFENDANT/APPELLEE
composed of Judge Roland L. Belsome, Judge Daniel L. Dysart,
Judge Sandra Cabrina Jenkins.
CABRINA JENKINS JUDGE.
certified class action, Stuart H. Smith, Rodney Stephens,
David A. Veazy, Guadalupe Gamez, and Neal Laney
(collectively, "Plaintiffs") appeal the trial
court's June 13, 2016 judgment granting in part the
motion for summary judgment filed by defendant ACS State
& Local Solutions, Inc. ("ACS"), and dismissing
Plaintiffs' conversion claims against ACS, with
reasons that follow, we conclude that this partial summary
judgment should not be certified as a final, appealable
judgment, and we dismiss Plaintiffs' appeal. We also
decline to exercise our supervisory jurisdiction in this
matter. La. Const. art. V, § 10(A); La. Code Civ. P.
AND PROCEDURAL BACKGROUND
matter has a prolonged and complex procedural history. In
January 2005, the City of New Orleans (the "City")
privatized its parking meter system and began replacing
coin-operated parking meters with parking control pay
stations ("Pay Stations") in certain areas of the
City. The Pay Stations accepted credit and/or debit cards in
addition to coins, and serviced multiple parking spaces,
unlike the mechanical coin-operated meters.
City entered into a contract with ACS to collect fines
associated with parking citations from the Pay Stations. ACS
employees processed citation fine payments through an online
payment system and by mail, and operated payment centers
where fines could be paid in person. The City also entered
into a contract with defendants Standard Parking Corporation,
Parking Solutions, L.L.C., and Standard Municipal Parking
Joint Venture II (collectively, "Standard") to
install, maintain, and collect parking fees from the Pay
April 2005, Plaintiffs filed a Petition for Injunctive
Relief, Declaratory Judgment, Writ of Mandamus and Damages
against the City and numerous other defendants. Each of the named
plaintiffs had received parking citations for not having a
Pay Station parking receipt and for expired time. The lawsuit
alleged that because the City's Municipal Code had not
been revised to cover the new Pay Stations, there was
confusion and uncertainty as to enforcement issues. The
lawsuit also alleged that the Pay Stations were installed
without the requisite public hearings and review by the
City's permitting and zoning departments. In July 2005,
Plaintiffs filed a Motion for Class Certification.
August 8, 2005, the City passed M.C.S., Ord. 22035, which
updated the previous parking ordinances to cover the changes
in technology in the method of payment from the traditional
coin-operated meters to the Pay Stations. The ordinance
expressly provided for retroactive application to January 1,
March 2008, Plaintiffs filed an Amended Restated Petition for
Damages. Plaintiffs asserted claims against the City, ACS,
and Standard for conversion arising from the allegedly
unauthorized collection of parking fees and fines. Plaintiffs
also asserted negligence claims against these defendants for,
inter alia, failing to obtain legal authority to
issue citations at the Pay Stations. The City filed a Third
Party Demand and Cross-Claim against ACS and other defendants
October 2009, Standard filed a Motion for Summary Judgment,
seeking dismissal of the Plaintiffs' conversion and
negligence claims. The trial court granted the motion, and
this court affirmed. Smith v. City of New Orleans,
10-1464 (La.App. 4 Cir. 7/6/11), 71 So.3d 525; Smith v.
City of New Orleans ex rel. Shires, 11-0974 (La.App. 4
Cir. 1/4/12), 81 So.3d 1018.
January 2010, Plaintiffs filed a Motion for Partial Summary
Judgment, arguing that the August 2008 parking ordinance
could not be applied retroactively to January 1, 2005. On
July 22, 2010, the trial court granted the Plaintiffs'
motion. This court affirmed the trial court's judgment,
finding that M.C.S., Ord. 22035 was to be applied
prospectively only. Smith v. City of New Orleans ex rel.
Shires, 10-1464 (La.App. 4 Cir. 7/6/11), 71 So.3d 525.
February 20, 2013, the trial court granted Plaintiffs'
Motion for Class Certification. This court affirmed.
Smith v. City of New Orleans, 13-0802 (La.App. 4
Cir. 12/23/13), 131 So.3d 511.
November 2015, Plaintiffs filed a Motion for Partial Summary
Judgment seeking a finding of liability by the City and ACS,
but reserving the issue of damages for trial. In December
2015, ACS filed a Motion for Summary Judgment seeking
dismissal of Plaintiffs' claims for conversion and
negligence. In March 2016, the City filed a Motion for
Partial Summary Judgment seeking a dismissal of ...