IN THE MATTER OF INSPIRATIONAL ENTERPRISES APPLYING FOR MONITION
FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO.
251, 843 HONORABLE WILLIAM GREGORY BEARD, DISTRICT JUDGE
G. Sanders Attorney at Law COUNSEL FOR APPELLANT: Edwin A.
Michael P. Glorioso Inspirational Enterprises, LLC APPELLEE
IN PROPER PERSON: Inspirational Enterprises, LLC
composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R.
Cooks and Shannon J. Gremillion, Judges.
SHANNON J. GREMILLION JUDGE
Edwin A. Humphrey (Edwin), appeals the monition granted in
favor of Inspirational Enterprises, LLC (IE). For the reasons
that follow, we reverse and remand to the trial court for
AND PROCEDURAL HISTORY
purchased Lots 53 and 60 of the George Moore Subdivision in
Alexandria, Louisiana, from BBCP Investments, Inc. (BBCP), on
April 30, 2009. BBCP had purchased the properties from the
Rapides Parish Sheriff on May 4, 2005, to satisfy unpaid ad
valorem taxes for 2004. On January 7, 2015, IE filed a
petition for monition and requested service upon Edwin and
his brother, Marvin. Edwin filed an answer and asserted
therein that he had received no pre-sale notice of the tax
sale. The trial court set the matter for trial on July 20,
for IE had sent notice to both Edwin and Marvin Humphrey at
the same address, 3740 Payne Street, Alexandria, Louisiana,
on September 16, 2014.The correspondence was addressed to Edwin,
but the United States Postal Service Form 3811, Domestic
Return Receipt, was returned "unclaimed."
Humphrey brothers jointly purchased lots 53 and 60 of the
George Moore Subdivision in September 2000. Edwin took care
of the parish taxes for 2001 through 2003. However, one year
he was late paying city ad valorem taxes and received notice
of that delinquency. He was under the impression thereafter
that, if he paid his city taxes, he would owe no parish
taxes. A Domestic Return Receipt was introduced into evidence
for which Marvin signed on May 18, 2005, which demonstrated
Marvin's receipt of a letter from BBCP, dated May 12,
2005, informing him of the fact that BBCP had purchased to
property at tax sale.
testified that Marvin is mentally disabled, has not worked in
over thirty years, and currently resides in a mental
institution in New Orleans. When Edwin was working as a
barber, Marvin would be picked up by various adult mental
health agencies to participate in day activities and returned
home in the evenings.
was contacted by a Mr. Bayonne who told him that Mr. Michael
Glorioso, the sole member of IE, was "trying to take
[his] property." He was also contacted by Mr. D.J.
Collins, who told him the same thing.
next information Edwin received regarding the property was
when he was served with the petition in the present matter.
Edwin consulted an attorney but made no attempt to redeem the
property, because he was not certain he owed the taxes.
in the evidence demonstrated that Edwin was notified of the
tax sale before he was served with the petition in the
present matter. IE argued that, pursuant to La.R.S. 47:2121,
Edwin had sixty days thereafter to file a petition to nullify
the tax sale and failed to do so; therefore, ...