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SMITH v. CITY OF NEW ORLEANS

No. 2016-CA-1139.

224 So.3d 473 (2017)

Stuart H. SMITH, Rodney Stephens, David A. Veazey, Guadalupe Gamez, and Neal Laney v. 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.

Court of Appeal of Louisiana, Fourth Circuit.

July 12, 2017.

Attorney(s) appearing for the Case

Stephen B. Murray, Sr. , Art M. Murray , Jessica Wittmer Hayes , MURRAY LAW FIRM, 650 Poydras Street, Suite 2150, New Orleans, LA 70130, AND Salvador I. Bivalacqua , Scott M. Galante , GALANTE & BIVALACQUA, LLC, 650 Poydras Street, Suite 2015, New Orleans, LA 70130, AND Barry J. Cooper, Jr. , COOPER LAW FIRM, L.L.C., 365 Canal Street, Suite 2850, New Orleans, LA 70130, COUNSEL FOR PLAINTIFFS/APPELLANTS.

Wayne J. Lee , Michael Q. Walshe, Jr. , Heather S. Lonian , STONE PIGMAN WALTHER WITTMANN, LLC, 546 Carondelet Street, New Orleans, LA 70130, COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Judge Roland L. Belsome, Judge Daniel L. Dysart, Judge Sandra Cabrina Jenkins).

JUDGE SANDRA CABRINA JENKINS

In this 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 prejudice.

For the reasons that follow, we conclude...

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