Succession of James Oliver

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SUCCESSION OF JAMES L. NO. 2025 CW 0815
OLIVER

NOVEMBER 26, 2025

In Re: Tracey Denham, applying for writs, 22nd
supervisory
Judicial District Court, Parish of St. Tammany, No.
202330819.

BEFORE: MCCLENDON, C. J., GREENE AND STROMBERG, JJ.

WRIT GRANTED WITH ORDER.
The district court' s June 17, 2025
judgment which declared the August 13, 2020 testament 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 its the
proceeding, object being
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. 1st 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, Tracey Denham,
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.

PMC
HG
TPS

PURT OF APPEAL, FIRST CIRCUIT

DJUTY CLERK OF COURT
FOR THE COURT