Legal Opinion
Succession of Carlton
Louisiana Court of Appeal
Decided October 5, 2011No. 11-288PublishedCited by 11 opinions
1Opinion of the Court
KEATY, Judge.
11 This is an appeal from a judgment sustaining an exception of res judicata in favor of the movant, decedent’s sister, and against decedent’s aunt. For the following reasons, we find that the movant did not meet her burden of proving that the claim at issue was barred by res judicata. Accordingly, we reverse and remand.
FACTS AND PROCEDURAL HISTORY
Decedent, Donnie Dewayne Carlton, died in September, 2008. In July, 2009, two of his aunts, Ellen Wise and Melba Phillips, filed a petition for probate of notarial testament and a petition for possession. The trial court granted a…
2Cases cited8 opinions
- Grasser Contracting Co. v. City of New OrleansLouisiana Court of Appeal · 1927
- Denoux v. Vessel Management Services, Inc.Supreme Court of Louisiana · 2008
- Burguieres v. PollingueSupreme Court of Louisiana · 2003
- Morales v. Parish of JeffersonLouisiana Court of Appeal · 2010
- Firemen's Pension and Relief Fund v. BoyerLouisiana Court of Appeal · 1982
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3Cited by11 opinions
- White v. Cox Operating, LLCLouisiana Court of Appeal · 2017
- Mackmer v. Estate of AngelleLouisiana Court of Appeal · 2014
- Daigle v. LynchLouisiana Court of Appeal · 2012
- Landry v. Pediatric Services of America, Inc.Louisiana Court of Appeal · 2016
- Miller v. ThibeauxLouisiana Court of Appeal · 2016
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