Legal Opinion · Dissent

Succession of Roberts

Louisiana Court of Appeal

Decided November 4, 2015No. 15-356Published

1DissentCooks, J.

1,1 respectfully dissent from the majority’s affirmance of the trial court’s judgment dismissing Mr. Buelow’s petition to annul the judgment of possession on the grounds of abandonment. I find merit in Mr. Buelow’s argument that his petition to annul cannot be dismissed on abandonment grounds because it fits into the Article 561 exception for succession proceedings. Article 561 clearly provides an exception to an abandonment proceeding for “a succession proceeding: (1) Which has opened; (2) In which an administrator or executor has been appointed; or (3) In which á testament has been…

2Cases cited9 opinions

  1. Times-Picayune Publishing Co. v. JacobsLouisiana Court of Appeal · 1930
  2. Louisiana Department of Transportation & Development v. Oilfield Heavy Haulers, L.L.C.Supreme Court of Louisiana · 2011
  3. Kanuk v. PohlmannLouisiana Court of Appeal · 1977
  4. Dean v. Delacroix Corp.Louisiana Court of Appeal · 2012
  5. In Re Succession of WrightLouisiana Court of Appeal · 2003

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