2024CW0131 Nonprecedential Processed

Shawn Noell Holliay, Individually, and on Behalf of All Other Similarly Situated v. The Louisiana Office of Motor Vehicles Through Karen St. German in Her Official Capacity

Louisiana Court of Appeal, First Circuit · Filed May 21, 2024

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
SHAWN NOELL HOLLIDAY, INDIVIDUALLY, NO. 2024 CW 0131
AND ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED

VERSUS

THE LOUISIANA OFFICE OF MOTOR
VEHICLES, THROUGH KAREN ST. GERMAIN,
IN HER OFFICIAL CAPACITY AS THE
COMMISSIONER OF THE LOUISIANA OFFICE
OF MOTOR VEHICLES, THE LOUISIANA
DEPARTMENT OF JUSTICE ATTORNEY
GENERAL'S OFFICE, THROUGH JEFF
LANDRY, IN HIS OFFICIAL CAPACITY AS
LOUISIANA ATTORNEY GENERAL, THE
LOUISIANA DEPARTMENT OF REVENUE,
THROUGH KIMBERLY L. ROBINSON, IN HER
CAPACITY AS THE SECRETARY OF THE
LOUISIANA DEPARTMENT OF REVENUE, THE
LOUISIANA OFFICE OF DEBT RECOVERY, A
COOPERATIVE ENDEAVOUR BETWEEN THE
LOUISIANA DEPARTMENT OF REVENUE AND
THE LOUISIANA ATTORNEY GENERAL'S
OFFICE, THROUGH KIMBERLY L. ROBINSON,
IN HER OFFICIAL CAPACITY AS THE
SECRETARY OF THE LOUISIANA DEPARTMENT
OF REVENUE AND JEFF LANDRY, IN HIS
OFFICIAL CAPACITY AS THE LOUISIANA MAY 21, 2024
ATTORNEY GENERAL

In Re: Louisiana Off ice of Motor Vehicles through Karen St.
Germain, applying for supervisory writs, 19th Judicial
District Court, Parish of East Baton Rouge, No.
652347.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

WRIT GRANTED WITH ORDER. The trial court's February 1,
2 02 4 judgment denying the exception of no cause of action and
deferring as moot the exception of lack of subject matter
jurisdiction, filed by the defendant, the Louisiana Office of
Motor Vehicles, is vacated. The trial court should first rule
on the exception of lack of subject matter jurisdiction before
ruling on any other exceptions. Accordingly, this matter is
remanded to the trial court with instructions to rule on the
exception of lack of subject matter jurisdiction, and if
necessary following that ruling, the exception of no cause of
action.
PMc
CHH
SMM

COURT OF APPEAL, FIRST CIRCUIT

a.C~
DEPUTY CLERK OF COURT
FOR THE COURT