Successions of Milton Cotaya and Edna Cotaya

SUCCESSIONS OF MILTON COTAYA & NO. 24-CA-226
EDNA COTAYA
FIFTH CIRCUIT

COURT OF APPEAL

STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 837-862, DIVISION "J"
HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING

December 20, 2024

STEPHEN J. WINDHORST
JUDGE

Panel composed of Judges Marc E. Johnson,
Stephen J. Windhorst, and Timothy S. Marcel

APPEAL DISMISSED
SJW
MEJ
TSM

COUNSEL FOR INTERVENOR/APPELLANT,
VICKI TOSH
James A. Harry
William R. Penton, III
Cesar R. Burgos
Robert J. Daigre
George M. McGregor
Leila M. Bonilla

COUNSEL FOR PLAINTIFF/APPELLEE,
LEE M. COTAYA, ADMINISTRATOR FOR THE SUCCESSION OF EDNA
COTAYA
J. Douglas Sunseri

WINDHORST, J.

Appellant, the succession representative, Vicki Tosh, appeals the trial court’s

April 11, 2023 judgment1 dismissing her Petition to Open Succession, Probate Will

and Confirm Administrator in docket number 837-862. For the following reason,

appellant’s appeal is dismissed.

DISCUSSION

Jurisdiction

In this contentious litigation, Ms. Tosh filed the instant appeal concerning the

trial court’s April 11, 2023 judgment which dismissed her Petition to Open

Succession, Probate Will and Confirm Administrator (“petition”) in Successions of

Milton Cotaya and Edna Cotaya, docket number 837-862 in the 24th Judicial District

Court. Ms. Tosh asserts that the trial court erred in considering Lee Cotaya’s

“Motion and Incorporated Memorandum to Remove Vicki Tosh as Executrix and

Dismiss These Proceedings,” (“motion to dismiss”), granting the motion to dismiss,

and dismissing her petition in docket number 837-862.

Upon review, we find this appeal concerns the same judgment and issues

previously appealed in this court in docket number 24-CA-39.2 For the reasons

stated in that appeal, this court affirmed the trial court’s judgment dismissing Ms.

Tosh’s petition. Successions of Milton Cotaya and Edna Cotaya, 24-39 (La. App. 5

Cir. 12/05/24), — So.3d —, 2024 WL 4985656. Because this court has already

reviewed and affirmed the judgment dismissing Ms. Tosh’s petition in docket

number 837-862, there is nothing further for this court to review under our appellate

jurisdiction in the instant appeal.

1 Upon review of the trial record, in docket number 24-CA-39, this court found that docket number 837-862
did not contain a separate judgment for this court to review. The trial court was informed that the rulings
for docket number 837-862 were improperly included in the April 11, 2023 judgment for docket number 838-
243 consolidated with docket number 838-251. Once again, this court pointed out to the parties that docket
number 837-862 is not consolidated with 838-243, which is consolidated with 838-251. The trial court
subsequently rendered a separate judgment for this case, docket number 837-862, on August 2, 2024.
2 Appellant’s brief states that she is appealing the April 11, 2023 judgment concerning the trial court’s rulings
on April 3, 2023, as indicated by appellant’s motion for appeal filed June 5, 2023.

24-CA-226 1

Accordingly, this appeal is dismissed.

DECREE

For the reason stated herein, this appeal is dismissed.

APPEAL DISMISSED

24-CA-226 2

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED
IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY
DECEMBER 20, 2024 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES
NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-CA-226
E-NOTIFIED
24TH JUDICIAL DISTRICT COURT (CLERK)
HONORABLE STEPHEN C. GREFER (DISTRICT JUDGE)
GEORGE M. MCGREGOR (APPELLANT) JAMES A. HARRY (APPELLANT) ROBERT J. DAIGRE (APPELLANT)
J. DOUGLAS SUNSERI (APPELLEE)

MAILED
KATHRYN A. E. SUNSERI (APPELLEE) CESAR R. BURGOS (APPELLANT)
ATTORNEY AT LAW LEILA M. BONILLA (APPELLANT)
3000 18TH STREET WILLIAM R. PENTON, III (APPELLANT)
METAIRIE, LA 70002 ATTORNEYS AT LAW
3535 CANAL STREET
SUITE 200
NEW ORLEANS, LA 70119