In re Succession of Davis

Supreme Court of Louisiana

In re Succession of Davis

836 So. 2d 67, 2003 La. LEXIS 320, 2003 WL 348993

CourtSupreme Court of Louisiana

DecidedJanuary 31, 2003

DocketNo. 2002-CC-2816

StatusPublished

Cited by1 cases

This text of 836 So. 2d 67 (In re Succession of Davis) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Succession of Davis, 836 So. 2d 67, 2003 La. LEXIS 320, 2003 WL 348993 (La. 2003).

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Opinion

In re Davis, Lane; Davis, Jeanne’;—Other(s); Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. I, No. 569-913; to the Court of Appeal, Fifth Circuit, No. 02-C-1019.

Granted. Because the mover was not clearly entitled to the requested relief, the trial court erred in hearing this matter on an ex parte basis. La.Code Civ. P. art. 963. Accordingly, the judgment of the trial court is vacated. The case is remanded to trial court, which is ordered to hold a contradictory hearing and to conduct an in camera inspection of the “Position Statement” prior to ruling on the motion for protective order.

KNOLL, J., would deny the writ.

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In re Davis, Lane; Davis, Jeanne’;—Other(s); Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. I, No. 569-913; to the Court of Appeal, Fifth Circuit, No. 02-C-1019.

Granted. Because the mover was not clearly entitled to the requested relief, the trial court erred in hearing this matter on an ex parte basis. La.Code Civ. P. art. 963. Accordingly, the judgment of the trial court is vacated. The case is remanded to trial court, which is ordered to hold a contradictory hearing and to conduct an in camera inspection of the “Position Statement” prior to ruling on the motion for protective order.

KNOLL, J., would deny the writ.

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836 So. 2d 67, 2003 La. LEXIS 320, 2003 WL 348993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-succession-of-davis-la-2003.

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