Legal Opinion

In Re Succession of Smith

Louisiana Court of Appeal

Decided February 3, 2010No. 09-969PublishedCited by 7 opinions

1Opinion of the Court

THIBODEAUX, Chief Judge.

|,Appellant, Clayton Donnell Barnhill, an alleged biological child of the deceased, Donald Clay Smith, claims that the trial court erred by sustaining Winnie Moore Smith and Angela Smith Appleby’s exception of prescription. Barnhill maintains that the trial court erroneously interpreted the 2005 Civil Code amendment that gov erns filiation actions. 1 Reasoning that the amendment did not apply retroactively so as to revive expired and extinguished filiation claims, the trial court dismissed with prejudice Barnhill’s petition to amend the judgment of possession in favor…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Palmetto Oil Co. v. Bethany Oil & Gas Co.Louisiana Court of Appeal · 1927
  2. Chance v. American Honda Motor Co., Inc.Supreme Court of Louisiana · 1994
  3. Cameron Parish School Bd. v. Acands, Inc.Supreme Court of Louisiana · 1997
  4. Stewart v. Estate of StewartLouisiana Court of Appeal · 2007

3Cited by7 opinions

  1. Johnson v. LittletonLouisiana Court of Appeal · 2010
  2. In re Succession of BaileyLouisiana Court of Appeal · 2011
  3. Succession of YoungerLouisiana Court of Appeal · 2016
  4. Succession of HebertLouisiana Court of Appeal · 2014
  5. Ida Peralez v. Hdi Global Specialty SeLouisiana Court of Appeal · 2022

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