Scott v. Seraphine

PONDER, Judge.

Plaintiffs appealed from a judgment maintaining defendants’ peremptory exception of no right of action. The issue is the retroactive application of Succession of Brown, 388 So.2d 1151 (La.1980). We reverse and remand.

Joseph Seraphine, plaintiffs’ father, was married to defendant, Florence Seraphine; they had no children. During the marriage, Joseph Seraphine sold his residence to Thomas Molden,1 a relative of Mrs. Sera-phine, for $8,000.00, but decedent and his wife continued to live in the residence. After Joseph Seraphine’s death on January 14, 1979, Thomas Molden resold the…