Thomas v. Bradford

MARVIN, Judge.

Three of decedent’s four heirs seek damages in this succession proceeding from the fourth heir for her allegedly frivolous appeal of a judgment that ordered her to accept or renounce her interest in the succession within 30 days. The appeal was dismissed because we deemed the judgment was not an appealable judgment. In this opinion, we consider only whether the “appeal” was frivolous under CCP Art. 2164. See Gardner v. Beckham, 504 So.2d 1106 (La.App. 5th Cir.1987), and Schnatz v. Schnatz, 501 So.2d 318 (La.App. 5th Cir.1987), writ denied.

We hold that damages are not warranted…