Jo-Blanche Corporation v. Carlo J. Marcello, Jr., Carli Marcello Worsham and Christy Marcello Chambers

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

JO-BLANCHE CORPORATION NO. 2024 CW 0561
VERSUS
CARLO J. MARCELLO, JUR., AUGUST 12, 2024

CARLI MARCELLO WORSHAM AND
CHRISTY MARCELLO CHAMBERS

In Re: Jo-Blanche Corporation, applying for supervisory writs,
17th Judicial District Court, Parish of Lafourche, No.
144087.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

WRIT GRANTED WITH ORDER. The district court’s May 22, 2024
judgment which denied defendants’ motion for reduction in the
amount of security required for suspensive appeal and increased
the amount of the security is reversed. The district court’s April
19, 2024 judgment which is the subject of the motion for suspensive
appeal is one which distributes a fund in custodia legis.
Accordingly, the amount of security for a suspensive appeal thereof
should be sufficient to secure the payment of costs. See La. Code
Civ. P. art. 2124(B) (2). Defendants’ motion for reduction in the
amount of security is granted, and this matter is remanded to the
district court with instructions to set the amount of security for
the suspensive appeal in accordance with La. Code Civ. P. art.
2124(B) (2) and provide defendants with a reasonable time within
which to post the security.

SMM
HG

COURT OF APPEAL, FIRST CIRCUIT

RK OF COURT
FOR THE COURT