Succession of Mitchell

Supreme Court of Louisiana

Succession of Mitchell

531 So. 2d 259, 1988 La. LEXIS 1828, 1988 WL 100154

Supreme Court of Louisiana·Decided September 30, 1988·No. No. 88-C-1441·Published

Opinion

In re Humphrey, Huey E. Ill — Other; Humphrey, Elizabeth — Other; Humphrey, Janice — Other; Humphrey, John — Other; Humphrey, June — Other; applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 88CA-8837; Parish of Orleans, Civil District Court, Div. “A”, No. 84-15541.

Prior report: La.App., 524 So.2d 150.

Granted. The judgment of the Court of Appeal is reversed. The 1986 amendment to C.C. 1592 should have been applied. It was remedial legislation; see dissent in Evans v. Evans, 410 So.2d 729, 735 (La.1982). Case remanded to district court for further proceedings.

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In re Humphrey, Huey E. Ill — Other; Humphrey, Elizabeth — Other; Humphrey, Janice — Other; Humphrey, John — Other; Humphrey, June — Other; applying for writ of certiorari and/or review; to the Court of Appeal, Fourth Circuit, No. 88CA-8837; Parish of Orleans, Civil District Court, Div. “A”, No. 84-15541.

Prior report: La.App., 524 So.2d 150.

Granted. The judgment of the Court of Appeal is reversed. The 1986 amendment to C.C. 1592 should have been applied. It was remedial legislation; see dissent in Evans v. Evans, 410 So.2d 729, 735 (La.1982). Case remanded to district court for further proceedings.

Succession of Mitchell, 531 So. 2d 259, 1988 La. LEXIS 1828, 1988 WL 100154 (La. 1988).

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