Legal Opinion

Bates v. Department of Culture, Recreation & Tourism, Office of State Museum

Louisiana Court of Appeal

Decided February 23, 1996No. 94 CA 2265Published

1Opinion of the Court

MOTION TO PROCEED IN FORMA PAUPERIS

Before WATKINS and FOIL, JJ., and TANNER,1 J. Pro Tem. J2WATKINS, Judge.

After lodging this appeal the appellant, Oscar Lee Bates, filed a Motion To Proceed in Forma Pauperis on February 21, 1995, attaching the necessary affidavits in compliance with LSA-C.C.P. art. 5188. Subsequent thereto Mr. Bates died on May 8,1995. The testamentary executrix of his succession, Ms. Marilyn Dee Bates, was substituted as a party in this proceeding in accordance with LSA-C.C.P. art. 801.

We are now called upon to determine the effect of the plaintiffs death and the…

2Cases cited3 opinions

  1. Causey v. Opelousas-St. Landry Securities Co.Supreme Court of Louisiana · 1937
  2. Brumfield v. Community Mobile Homes, Inc.Louisiana Court of Appeal · 1975
  3. Heyse v. Fidelity & Casualty Co. of New YorkSupreme Court of Louisiana · 1969

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