finding no due process violation when the litigant was given an opportunity to review the Special Master’s preliminary report, subsequently provide the Special Master with additional information and arguments, file a written objection, and |1fiappear, argue, and present additional evidence at a contradictory hearing before the district court judge
How later courts described this case
- finding no due process violation when the litigant was given an opportunity to review the Special Master’s preliminary report, subsequently provide the Special Master with additional information and arguments, file a written objection, and |1fiappear, argue, and present additional evidence at a contradictory hearing before the district court judge
Written by the judges who cited it.
The opinion
STEWART, J.,
dissenting.
hi respectfully recommend this Court grant the rehearing and reverse the majority opinion.
Both U Brothers’ lien and claim are invalid under the Louisiana Private Works Act. La. R.S. 9:4802 and 9:4822, when read together, require a claimant to secure and preserve a privilege to recover under the PWA. U Brothers failed to secure the privilege, thus, there is no claim to preserve.
In the majority opinion, this Court asserts U Brothers failed to comply with the technical requirements of La. R.S. 9:4802 when it failed to timely provide Hawk Field with a copy of the lease. This failure to comply invalidated the lien, constituting a failure to secure the privilege. Although U Brothers’ privilege is invalid, this Court reasoned U Brothers complied with the technical requirements of La. R.S. 9:4822 and the claim is still valid. This is contrary to the law.
Although U Brothers did comply with the technical requirements of La. R.S. 9:4822, this statute cannot be read in isolation. La. R.S. 9:4822 limits the preservation of a privilege to “the person who a claim or privilege is granted by La. R.S. 9:4802.” Since U Brothers failed to secure the privilege under La. R.S. 9:4802, there is no claim to preserve under La. R.S. 9:4822. Without a claim to preserve, U Brothers’ claim is extinguished per La. R.S. 9:4823, which provides a claim is extinguished if a claimant fails to preserve the privilege granted by La. R.S. 9:4802. U Brothers’ lien is invalid and their claim extinguished.