In re Succession of Horn

| DUFRESNE, Chief Judge.

This is an appeal by Dellaree Jean Jackson Horn from a judgment dismissing with prejudice one of several named defendants from her petition to reopen the succession of her late husband, Frank W. Horn. Because a prior unappealed final judgment was entered in this matter dismissing the same defendant without prejudice the trial judge could not amend that judgment in any substantive way except via the procedural device of a timely motion for a new trial. Because no such timely motion was filed, we vacate the present judgment and reinstate the previous one.

The pertinent…