In the Matter of The Succession of John Burgin Tessier

Mill

COURT OF APPEAL, FIRST CIRCUIT

IN THE MATTER OF THE NO. 2026 CW 0980
SUCCESSION OF JOHN BURGIN
TESSIER

CONSOLIDATED WITH

IN THE MATTER OF THE OCTOBER lf 2026
SUCCESSION OF ROSE MARY
BEGNAUD TESSIER

In Re: John R. Tessier and Jeanine Tessier Wheeler, applying
for supervisory writs, 19th Judicial District Court,

Parish of East Ba ---
on Rouge, No. 110024.

BEFORE: WOLFE, STROMBERG, AND BALFOUR, JJ.

WRITGRANTED IN PART AND DENIED IN PART. The portions of the

district court' s May 14, 2026 judgment which denied the motion of
relators, John Tessier and Jeanine Tessier Wheeler, to annul the

order of probate and the amended judgment of possession signed on
September 22, 2022 are reversed. Prior to the signing of those

orders, on May 17, 2022, relators filed a Petition of Appointment
of Administrator, which contained an opposition to the proposed

probate of a testament of decedent, John Tessier. Although the

pleading was not titled as such, this court generally has held
that the title on pleading is not controlling, but rather it is
the substance which controls. See Warner v. Warner, 2002- 1380
La. App. lst Cir. 8/ 13/ 03), 859 So. 2d 146, 149. An examination

of the record pursuant to La. Code Civ. P. art. 3061 would have

revealed the contested nature of this proceeding and the opposition
to probate of the testament. The district court should not have
acted on the orders of probate and possession ex parte after an
opposition was filed. La. Code Civ. P. art. 2881. Based on the

testimony presented at this hearing, it appears these matters were
erroneously presented to the court as uncontested matters when

they were not uncontested. If an objection is made to the ex parte
probate of a testament, as provided in article 2881, the testament

may be probated only at a contradictory trial of the matter. La.

Code Civ. P. art. 2901. A final judgment shall be annulled if it
is rendered against a defendant who has not been served with

process as required by law and who has not waived objection to

jurisdiction, or against whom a valid default judgment has not

been taken. La. Code Civ. P. art. 2002( A)( 2). See also Succession

of Burley, 2023- 688 ( La. App. 3d Cir. 3/ 27/ 24), 386 So. 3d 1090,

1091. The September 22, 2022 order of probate and amended judgment
of possession are vacated. This court pretermits review of the

district court' s May 14, 2026 judgments as to the claims asserted
pursuant to La. Code Civ. P. arts. 2004 and 2931 as moot in light
of the action taken herein on the claims asserted pursuant to La.
Code Civ. P. art. 2002.

EW
TPS
KEB

RT JRST CIRCJ IT

PU
OF7
D EPUI-f JLIERK OF COURT
FOR THE COURT