Barbara "Barbie" Everson Irwin, Individually and as the Independent of the Succession of Samuel C. Irwin, M.D. v. Barbara Lane Irwin Garon and Mark Murray Garon

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

BARBARA " BARBIE" EVERSON NO. 2021 CW 0323
IRWIN, INDIVIDUALLY AND AS
THE INDEPENDENT EXECUTRIX OF
THE SUCCESSION OF SAMUEL C.
IRWIN, M. D.

VERSUS JULY 6, 2021

BARBARA LANE IRWIN CARON AND
MARK MURRAY CARON

In Re: Barbara Lane Irwin Garon and Mark Murray Caron,

applying for supervisory writs, 19th Judicial District
Court, Parish of East Baton Rouge, No. 697307.

BEFORE: McDONALD, THERIOT, AND WOLFE, JJ.

WRIT DENIED.

MRT
EW

McDonald, J., dissents and would grant the writ. Under the

doctrine of res judicata, a second action is precluded when the

following factors are satisfied: ( 1) the judgment is valid; ( 2)
the judgment is final; ( 3) the parties are the same; ( 4) the
cause or causes of action asserted in the second suit existed at
the time of the final judgment in the first suit; and ( 5) the

cause or causes of action in the second suit arose out of the
same transaction or occurrence that was the subject matter of

the first litigation. Alfred v. RPM Pizza, LLC, 2018- 1723 ( La.

App. 1st Cir. 5/ 31/ 19), 278 So. 3d 376, 379. The first three

factors are undisputed herein. The evidence established that

the cause of action asserted in the present suit existed at the
time of the earlier lawsuit filed in 2016 and that the present

lawsuit arose out of the same transaction or occurrence that was
the subject matter of the first litigation, namely the Act of

Cash Sale and Counter Letter executed in 2015. Moreover,

exceptional circumstances under La. R. S. 13: 4232 do not exist in
this case to bar the application of res judicata. Accordingly,
I would grant the exception of res judicata filed by Defendants
and dismiss all claims asserted
by Plaintiff, Barbara " Barbie"
Everson Irwin, individually and as the independent executrix of
the succession of Samuel C. Irwin, M. D., against Defendants,

Barbara Lane Irwin Caron and Mark Murray Caron, with prejudice.

COURT OF APPEAL, FIRST CIRCUIT

or

f //

Aa U
DEPUTY CL RK OF COURT
FOR THE COURT