Mary Sue Marioneaux and the Lela Mae Johnson Marioneaux Trust, F/B/O Mary Sue Marioneaux v. Lucien Harry Marioneaux, Sr., Individually and as former trustee of the Lela Mae Johnson Marioneaux Trust, Lucien Harry Marioneaux, Jr., Marioneaux Properties, L.P., HBM Interests, L.L.C., Eighty Acres, L.L.C., and Wallace Lake Marioneaux, L.L.C.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

MARY SUE MARIONEAUX AND THE NO. 2021 CW 0205
LELA MAE JOHNSON MARIONEAUX
TRUST F/ B/ O MARY SUE
MARIONEAUX

VERSUS

LUCIEN HARRY MARIONEAUX,
SR., INDIVIDUALLY AND AS
FORMER TRUSTEE OF THE LELA
MAE JOHNSON MARIONEAUX
TRUST, LUCIEN HARRY
MARIONEAUX, JR., MARIONEAUX
PROPERTIES L. P., HBM
INTERESTS, L. L. C., EIGHTY
ACRES, Z. L. C., AND WALLACE
LAKE MARIONEAUX, L. L. C. MARCH 11, 2021

In Re: Succession of Lucien H. Marioneaux, Sr., Lucien H.
Marioneaux, Jr., Marioneaux Properties, L. P., HBM
Interests, LLC, and Wallace Lake Marioneaux, LLC,
applying for supervisory writs, 1st Judicial District
Court, Parish of Caddo, No. 588685.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

STAY DENIED; WRIT GRANTED. The trial court' s February 2,
2021 ruling which increased the amount of the suspensive appeal
bond to $ 4, 500, 000 is reversed. Pursuant to La. Code Civ. P.
art. 2124( B) ( 3) , a trial court shall
fix security " at an amount
sufficient to assure the satisfaction of the judgment, together
with damages for the delay resulting from the suspension of the
execution." Plaintiffs, the
as movers, introduced no evidence

regarding the amount sufficient to assure satisfaction of the

judgment or of the amount sufficient for damages that they would
suffer from
resulting suspension of the execution of the
judgment being appealed. See La Code Civ. P. arts. 963 and 5123.

imm
AHP

Holdridge, J., concurs. Relator is not precluded from
filing a motion to increase the amount of the suspensive appeal
bond supported by sufficient evidence and determined at a

contradictory hearing.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTYCL RK OF COURT
FOR THE COURT