2026 CW 0856 Nonprecedential Processed

Succession of Michael James Cain

Louisiana Court of Appeal, First Circuit · Filed September 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