Succession of Hebert
Louisiana Court of Appeal
1Opinion of the Court
THIBODEAUX, Chief Judge.
hln this succession proceeding opened in 2003, the trial court granted the appellee’s petition, filed in 2012, to intervene and establish paternity and heirship. The trial court awarded the appellee full rights and privileges as a forced heir. Since the trial court improperly applied La.Civ.Code art. 1971 governing filiation actions retroactively to appellee’s prescribed claim under the then-in-effect law, we reverse the trial court’s judgment and dismiss all claims with prejudice.
I
ISSUE
We shall consider whether La.Civ.Code art. 197 governing filiation actions applies…
2Cases cited6 opinions
- Grasser Contracting Co. v. City of New OrleansLouisiana Court of Appeal · 1927
- Willett v. Premier BankLouisiana Court of Appeal · 1997
- Stewart v. Estate of StewartLouisiana Court of Appeal · 2007
- Phillips v. G H Seed Co., 2010-0822 (La. 6/18/10)Supreme Court of Louisiana · 2010
- In Re Succession of SmithLouisiana Court of Appeal · 2010
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- G.C. Properties of Jackson Parish, LLC v. Carol R. RaineyLouisiana Court of Appeal · 2020