In Re: Succession of Lovenia Hirstius

IN RE: SUCCESSION OF LOVENIA HIRSTIUS NO. 25-C-1

FIFTH CIRCUIT

COURT OF APPEAL

STATE OF LOUISIANA

January 13, 2025

Linda Wiseman
First Deputy Clerk

IN RE BRANDON HIRSTIUS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C.
GREFER, DIVISION "J", NUMBER 799-030

Panel composed of Judges Jude G. Gravois,
John J. Molaison, Jr., and Timothy S. Marcel

WRIT DENIED

The relator, Brandon Wade Hirstius, seeks review seeks to review the

December 10, 2024 judgment granting the executor’s motion to quash his

subpoena duces tecum. For the following reasons, we deny this writ application.

The relator is an heir to the succession of Lovenia Hirstius. On November 5,

2024, the relator filed a subpoena duces tecum to the executor requesting:

Please produce copies of all bank statements and receipts or other
evidence satisfactory to the court showing succession income,
insurance proceeds, rental payments, sale proceeds, and disbursement
of funds of the succession to vendors, court costs and attorney fees,
supporting the amounts shown in the tableau of distribution and
stating the balance of the property in the possession of the succession
representative to be distributed to legatees.

The executor filed a motion to quash the subpoena stating that the parties entered

into a settlement agreement on September 12, 2022, ending litigation regarding the

succession. The executor filed all accountings and a tableau of distribution on

March 12, 2024, as directed by the trial court and without objection. The tableau

of distribution shows an account balance of $1,500.00.

At the hearing on the motion to quash, the trial judge asked the pro se relator

the basis for filing the subpoena. The relator responded that the basis for the

request was stated in his opposition to the motion to quash and that he did not have

any other basis for the request. The trial judge explained that La. C.C.P. art. 3391,

which the relator relied on in his opposition, provides:

upon the filing, receipts or other evidence satisfactory to the Court,
not to the other heirs or other family members as you had indicated in
your opposition. The Court had granted the homologation prior to this
date, so the Court was satisfied at that time based upon the
representations of, really, pursuant to a consent judgment which was
entered into back on April the 27th of 2022.

The executor stated, “Every item of income and every item of expenditure has

been provided in the accountings that the executor has made.” The trial judge said

he knew this and granted the motion to quash.

In this writ application, the relator argues that heirs of an estate have the

right to subpoena the records from the executor of an estate. He contends that the

trial court erred in quashing the subpoena without providing reasons and that no

accounting was attached to the final tableau of distribution. The relator does not

mention the consent judgment in his writ application, nor is the consent judgment

attached to the writ application.

Appellate courts review a trial court's ruling on a motion to quash a

subpoena duces tecum under an abuse of discretion standard of review. Jimmy’s

Disc. Meat Mkt., Inc. v. DiMarco Five, LLC, 21-178 (La. App. 5 Cir. 5/18/22), 362

So.3d 734, 741. In this writ application, the relator has not shown how the trial

court abused its discretion. Accordingly, we deny this writ application.

Gretna, Louisiana, this 13th day of January, 2025.

JJM
JGG
TSM

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 DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 01/13/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

25-C-1
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen C. Grefer (DISTRICT JUDGE)
No Attorney(s) were ENOTIFIED

MAILED
Brandon Hirstius (Relator) Ann B. Steinhardt (Respondent)
In Proper Person Attorney at Law
28306 Highway 190 3715 Delgado Drive
Lacombe, LA 70445 New Orleans, LA 70119