In Re Succession of Louis Edward Lloyd, Sr
In Re Succession of Louis Edward Lloyd, Sr, No. 2025 CW 0429 (La. Ct. App. 1st Cir. July 30, 2025).
Authorities cited
Identified automatically; this list may not be exhaustive.
- In Re Succession of Theriot 4 So. 3d 878
- In Re Howard 541 So. 2d 195
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
SUCCESSION OF LOUIS EDWARD NO. 2025 CW 0429
LLOYD, SR.
JULY 30, 2025
In Re: Evelyn Lloyd, applying for supervisory writs, 21st
Judicial District Court, Parish of Tangipahoa, No.
20210030514.
BEFORE: THERIOT, LANIER, AND MILLER, JJ.
WRIT GRANTED WITH ORDER. The district court’s April 3, 2025
judgment which declared the testament at issue to be invalid and
absolutely null is an appealable judgment. An action to annul a
testament is a new suit. “Thus, it is technically a separate
action from the succession proceeding, its object being the
annulment of the testament probated in the succession proceeding.
A judgment annulling the testament therefore, determines the
merits of that separate action, brought in the succession
proceeding, and accordingly constitutes a final judgment.” See In
re Succession of Theriot, 2008-1233 (La. App. lst Cir. 12/23/08),
4 So.3d 878, 881-82. Thus, the writ application is granted for the
limited purpose of remanding this matter to the district court
with instructions to grant an appeal to defendant, Evelyn Lloyd,
pursuant to her notice of intent to seek supervisory writs. See
In Re Howard, 541 So.2d 195 (La. 1989) (per curiam). Additionally,
a copy of this court’s order is to be included in the appellate
record.
MRT
WIL
Miller, J., dissents and would deny the writ.