HOLLAND v. UNOPENED SUCCESSION OF HOLLAND

No. 88-1384.

562 So.2d 1022 (1990)

Willie D. HOLLAND, Plaintiff-Appellee, v. UNOPENED SUCCESSION OF David Rollan HOLLAND, Defendant-Appellee, Marguerite O'Bannon, Plaintiff-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied September 14, 1990.


Attorney(s) appearing for the Case

Gahagan & Gahagan, Marvin F. Gahagan, Natchitoches, for plaintiff/appellee.

Harold J. Rhodes, Morgan City, for defendant/appellant.

Brittain & Williams, Andrew D. McGlathery III, Watson, Murchison, Crews, Arthur & Corkern, Steven D. Crews, Natchitoches, Cook, Yancey, King & Galloway, Eskridge E. Smith, Jr., Shreveport, Vincent Colfield, Natchitoches, for defendants/appellees.

Before DOMENGEAUX, C.J., and FORET and STOKER, JJ.


STOKER, Judge.

This appeal requires that we consider a threshold question: Can an action be brought against a succession which has not been procedurally opened and for which no succession representative has been appointed? We hold that such a suit cannot be maintained. We reverse and set aside the judgment of the trial court appealed from in this matter.

On behalf of her minor child, Marguerite O'Bannon appeals...

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