Enaas Nikroo Morrison, Individually and in her capacity as Provisional Administratix of the Succession of Dorian Maxwell Morrison v. Brittany Varnado Adams, Trustee of the C&C Morrison Trust A for the benefit of Dorian M. Morrison and as Trustee of Trust B for the benefit of Josephine Rhiannon Morrison
Enaas Nikroo Morrison, Individually and in her capacity as Provisional Administratix of the Succession of Dorian Maxwell Morrison v. Brittany Varnado Adams, Trustee of the C&C Morrison Trust A for the benefit of Dorian M. Morrison and as Trustee of Trust B for the benefit of Josephine Rhiannon Morrison, No. 2023CW0066 (La. Ct. App. 1st Cir. Mar. 13, 2023).
Opinion text
STATE OF LOUISl~NA
COURT OF APPEAL, FIRST CIRCUIT
ENAAS NIKROO MORRISON, NO. 2023 CW 0066
INDIVIDUALLY AND IN HER
CAPACITY AS PROVISIONAL
ADMINISTRATRIX OF THE
SUCCESSION OF DORIAN MAXWELL
MORRISON
VERSUS
BRITTANY VARNADO ADAMS,
TRUSTEE OF THE C& C MORRISON
TRUST A FOR THE BENEFIT OF
DORIAN M. MORRISON AND AS
TRUSTEE OF TRUST B FOR THE MARCH 13, 2023
BENEFIT OF JOSEPHINE
RHIANNON MORRISON
In Re: Brittany Varnado Adams, Truste~ of the C& C Morrison
Trust A for the benefit of Dorian M. Morrison and as
Trustee of Trust B for the Benefit of Josephine
Rhiannon Morrison, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 723945.
BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.
I
WRIT GRANTED. The portion of the trial court's December
6, 2022 judgment denying the peremptory Jxception of no cause of
action filed by the defendant, Brittfny Varnado Adams, as
Trustee of the C& C Morrison Trust A for the benefit of Dorian
M. Morrison and Trust B for the benefit;: of Josephine Rhiannon
Morrison, is reversed. We find the plaintiff, Enaas Nikroo
Morrison, fails to state a cause of actiion for reimbursement of
money taken from the proceeds of the sale of immovable property
to satisfy a mortgage securing payment o~ a promissory note that
was executed prior to the plaintiff acEepting an inter vivos
donation of the subject immovable property. See La. Civ. Code
art. 1549. Accordingly, the exception of no cause of action is
granted, and the claims of Enaas Nik.roo Morrison against
Brittany Varnado Adams, as Trustee of the, C & C Morrison Trust A
for the benefit of Dorian M. Morrison and Trust B for the
benefit of Josephine Rhiannon Morrison, are dismissed with
prejudice.
MRT
WRC
CHH
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT