Galina Elizarova DeBlank v. Interactive Brokers, LLC

GALINA ELIZAROVA DEBLANK NO. 2026 CW 1160

VERSUS

INTERACTIVE BROKERS, LLC SEPTEMBER 8, 2026

In Re: Daniel James DeBlanc, Independent Administrator of the
Succession of David Paul DeBlanc, Jr., applying for
supervisory writs, 22nd Judicial District Court, Parish
of St. Tammany, No. 202512778.

BEFORE: PENZATO, LANIER, AND FIELDS, JJ.

STAY GRANTED; WRIT GRANTED. This matter is currently on

appeal from the grant of an exception of no right of action

dismissing all claims of relator asserted in his petition of

intervention herein. La. Code Civ. P. art. 2088 provides that the
jurisdiction of the trial court over all matters in the case

reviewable under the appeal is divested, and that of the appellate
court attaches, on the granting of the order of appeal, and

thereafter, the trial court has jurisdiction in the case only over
those matters not reviewable under the appeal, subject to certain
exceptions inapplicable herein. Matters " not reviewable under the
appeal," have generally been interpreted to give the trial court
continuing jurisdiction Over all issues that are unaffected by the
appeal. Succession of Smith v. Portie, 2019- 409 ( La. App. 3d Cir.
12/ 30/ 19) , 288 So. 3d 187, 191; Bernhard MCC, LLC v. Zeringue, 2018-
30 ( La. App. 5th Cir® 5/ 30/ 18), 250 So. 3d 342. We find that
matters reviewable under the appeal which dismissed relator' s

claim to ownership of the account at issue encompass issues common
to plaintiff' s claims to ownership of the same account.

Accordingly, the district court is divested of jurisdiction of all
claims related to ownership of the account during the pendency of
the appeal. Therefore, the district court proceedings are stayed
pending the appeal from the dismissal of the claims asserted in
the petition for intervention filed by relator.

AHP
WIL

WEF