Succession of Michael James Cain
Succession of Michael James Cain, No. 2026 CW 0856 (La. Ct. App. 1st Cir. Sept. 18, 2026).
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
SUCCESSION OF MICHAEL JAMES NO. 2026 CW 0856
CAIN
SEPTEMBER 18, 2026
In Re: Do' Mon Harrel j ' - , applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
115273.
BEFORE: PENZATO, LANIER, AND FIELDS, JJ.
WRIT GRANTED WITH ORDER. The trial court' s May 14, 2026
judgment, which vacated, recalled, and set aside the judgment that
appointed Joseph A. Prokop, Jr. as dative administrator, is an
appealable judgment. See La. Code Civ. P. arts. 2122 and 2974; In
re Succession of LeBouef, 2013- 0209 ( La. App. 1st Cir. 9/ 9/ 14), 153
So. 3d 527, 533 ( en banc). Therefore, the writ is granted for the
limited purpose of remanding this matter to the trial court with
instructions to grant an appeal to Do' Mon Harrell, pursuant to the
pleading that notified the trial court of his intention to seek
writs. See In re Howard, 541 So. 2d 195, 197 ( La. 1989) ( per
curiam). Additionally, a copy of this court' s order is to be
included in the appellate record.
COURT OF APPEAL, FIRST CIRCUIT
OEPUTY—CLERK' OF COURT
FOR THE COURT