Cited by

Opinions in Louisiana that cite Succession of Brown, 388 So. 2d 1151.

63 citing documents.

  • Windward Land, LLC and Michael Morris Gulley versus Mary Lee Mann and William Lamont Frazier, Alvin Edwards and … La. Ct. App. 2d Cir. 2025
  • In re Succession Santifer 256 So. 3d 1122 La. Ct. App. 2d Cir. 2018
    Taking into account the retroactive application of Succession of Brown , [ (La.
  • Succession of Byrd 142 So. 3d 1058 La. Ct. App. 2d Cir. 2014
    1459 , 52 L.Ed.2d 31 (1977), and by the Louisiana Supreme Court in however, those rulings are given only limited retroactive effect to January 1,1975, the effective date of the Louisiana Constitution of 1974.
  • Succession of Matthews 145 So. 3d 1039 La. Ct. App. 1st Cir. 2014
    In the Louisiana Supreme Court declared that Article 919 was unconstitutional “in that it unreasonably discriminated against illegitimate children by denying them the same inheritance rights in the successions of their fathers, under any circumstances, as [were] enjoyed by their legitimate counterparts.” 3 Har
  • SUCCESSION OF Jim HERNDON 36 So. 3d 434 La. Ct. App. 2d Cir. 2010
    On September 3, 1980, however, the Louisiana Supreme Court’s opinion in was rendered.
  • McConnell v. Dorsey 931 So. 2d 405 La. Ct. App. 2d Cir. 2006
    Even though laws discriminating against illegitimates were declared unconstitutional by the United States Supreme Court in Trimble v. Gordon, supra, and by the Louisiana Supreme Court in those rulings are given only limited retroactive effect to January 1, 1975, the effective date of the Louisiana Constitution of 1974.
  • Sudwischer v. Estate of Huffpauir 705 So. 2d 724 La. 1997
  • Wheeler v. Louisiana Department of Transportation & Development 675 So. 2d 788 La. Ct. App. 1st Cir. 1996
    (Supreme court gave limited retroactive effect to which declared unconstitutional La.Civ.Code art. 919.); (supreme court did not give retroactive application to their decision which declared La.Civ.Code art. 160 unconstitutional.)
  • Magee v. Landrieu 653 So. 2d 62 La. Ct. App. 1st Cir. 1995
    (Supreme court gave limited retroactive effect to which declared unconstitutional La.Civ.Code art. 919.); (supreme court did not give retroactive *66 application to their decision which declared La.Civ.Code art. 160 unconstitutional.)
  • Pace v. STATE THROUGH LA. STATE EMP. RET. SYSTEM 648 So. 2d 1302 La. 1995
    n of Bartie, (striking down provisions of forced heirship laws which excluded illegitimate children); (striking down Civil Code article which limited amount of a donation by a father to an illegitimate child to one-fourth of the father's property if the father was survived by legitimate descendants or siblings); (La.
  • Succession of Marshall 638 So. 2d 272 La. Ct. App. 1st Cir. 1994
    In the Louisiana Supreme Court affirmed a Court of Appeal holding that C.C.
  • Sudwischer v. Estate of Hoffpauir 589 So. 2d 474 La. 1991
  • Chatelain v. STATE, DOTD 566 So. 2d 156 La. Ct. App. 2d Cir. 1990
    Between Levy (1968) and Louisiana law did not provide a prescriptive period or limit the time for proving filiation.
  • Parker v. MacHen 567 So. 2d 739 La. Ct. App. 2d Cir. 1990
    The judgment of possession, dated December 14, 1982, came over two years after the decision of which recognized the constitutional right of illegitimates to share in their parent's succession.
  • Smith v. Cole 553 So. 2d 847 La. 1989
    The Law Institute's proposals were intended to address the potential succession problems created by
  • Tenneco Oil Co. v. Hines 535 So. 2d 855 La. Ct. App. 2d Cir. 1988
  • Succession of Love 525 So. 2d 292 La. Ct. App. 1st Cir. 1988
    518 , 58 L.Ed.2d 503 (1978); cert.
  • Mayfield v. Mayfield 511 So. 2d 1285 La. Ct. App. 2d Cir. 1987
  • Turner v. Rochelle 490 So. 2d 633 La. Ct. App. 2d Cir. 1986
    2d Cir. 1980), aff., Cf., Malek v. Yekani-Fard, supra.
  • Sibley v. Bd. of Sup'rs of Louisiana State University 477 So. 2d 1094 La. 1985
    1979); instead, opting for a uniform standard of judicial review which all legislation is to be judged under (a substantial furtherance of a legitimate "state purpose" test).
  • Succession of Bartie 472 So. 2d 578 La. 1985
    After trial on the merits, [2] the trial court, relying on this Court's decisions in and Succession of Clivens, On Rehearing, ruled that La.C.C.
  • Succession of Grice 462 So. 2d 131 La. 1985
    [6] Hence, in (1980), this court held unconstitutional La.Civ.
  • Lee v. Succession of Chapman 463 So. 2d 896 La. Ct. App. 2d Cir. 1985
  • Minor v. Robertson 461 So. 2d 509 La. Ct. App. 1st Cir. 1984
    The trial court based its decision on and
  • In Re Succession of Gordon 461 So. 2d 357 La. Ct. App. 2d Cir. 1984
    The children of the decedent and Elizabeth, as illegitimates, were not entitled to inherit any of decedent's property under the authority of and
  • Succession of Alexander 460 So. 2d 19 La. Ct. App. 1st Cir. 1984
    518 , 58 L.Ed.2d 503 (1978)
  • Succession of Landry 460 So. 2d 29 La. Ct. App. 1st Cir. 1984
    Appellant urges that this article provides additional remedies for illegitimate children and that therefore, the Louisiana Supreme Court's holding in on rehearing, that the would only be retroactive to January 1, 1975, is inapplicable to the instant suit.
  • Talbert v. Scott 451 So. 2d 1304 La. Ct. App. 1st Cir. 1984
    In 1980, in the wake of the Legislature passed Act 549, amending LSA-C.C.
  • In the Matter of Thomas 450 So. 2d 1048 La. Ct. App. 1st Cir. 1984
    Time limitations on the right to bring such a suit were enacted as a result of the Louisiana Supreme Court's decision in (La.
  • Juneau v. Alexander 446 So. 2d 533 La. Ct. App. 1st Cir. 1984
    Although the Louisiana Supreme Court has found Article 919 unconstitutional, that decision was only given retroactive application to January 1, 1975.
  • Shorts v. Daniel 447 So. 2d 522 La. Ct. App. 2d Cir. 1984
  • Farrar v. Kelly 440 So. 2d 939 La. Ct. App. 2d Cir. 1983
    App. 2d Cir.1980), which was affirmed by the supreme court in September 1980
  • Agee v. Bolton 438 So. 2d 709 La. Ct. App. 1st Cir. 1983
    Article 919, which excluded acknowledged illegitimates from participating in the succession of their father when the latter was survived by designated parties, was declared unconstitutional in
  • Succession of Bartie v. Mouton 434 So. 2d 619 La. Ct. App. 1st Cir. 1983
    In Clivens, the court was called upon to decide whether the decision in should be applied retroactively or prospectively.
  • Jordan v. Cosey 434 So. 2d 386 La. 1983
    Succession of Clivens, supra ; Succession of Thompson, supra ; (La.
  • Davis v. Ardoin 435 So. 2d 473 La. Ct. App. 1st Cir. 1983
    Subsequent to the signing of the judgment, in September, 1980, Louisiana Civil Code Article 919 was declared to be unconstitutional by the Louisiana Supreme Court in
  • Succession of Toca 433 So. 2d 1122 La. Ct. App. 1st Cir. 1983
    holds that Succession of Brown [ ], holding La.C.C.
  • In re Successions of Watkins 431 So. 2d 25 La. Ct. App. 1st Cir. 1983
    The only issue presented on this appeal is whether the Louisiana Supreme Court case of can be applied retroactively to the facts of this case to allow the Hardy heirs to inherit from Washington Hardy.
  • Parish of East Baton Rouge v. Burrell 429 So. 2d 226 La. Ct. App. 1st Cir. 1983
    In the case of *228 (rehearing denied, Oct.
  • In the Matter of Succession of Theriot 428 So. 2d 1017 La. Ct. App. 1st Cir. 1983
    In the Supreme Court affirmed the holding of the Second Circuit that La.Civ.
  • In the Matter of Succession of Hawkins 429 So. 2d 194 La. Ct. App. 1st Cir. 1983
    Art. 209 to mean that unacknowledged illegitimate children had until September 11, 1982, to file a filiation action [2] in order to take advantage of the retroactive application which they had given to cert.
  • In the Matter of Succession of Levy 428 So. 2d 904 La. Ct. App. 1st Cir. 1983
    art. 919 [1] was declared unconstitutional by the Louisiana Supreme Court in and since the heirs under the March 9, 1978 judgment had not been placed in possession of their legitime, it would allow the various parties the right to attempt to establish that they were the acknowledged illegitimate children of Theodore Julius Levy.
  • Succession of Clivens 426 So. 2d 585 La. 1983
  • Jones v. Batiste 427 So. 2d 17 La. Ct. App. 1st Cir. 1983
    In the case of the court held that C.C.
  • Blackshire v. Thorne 427 So. 2d 623 La. Ct. App. 1st Cir. 1983
    4th Cir.1981), apparently concluded that the child would have no rights in the succession even were he to prove filiation because that case held that the rights of illegitimates recognized in were to be of prospective application only.
  • Succession of Payne v. Payne 426 So. 2d 1355 La. Ct. App. 3d Cir. 1983
    The issues presented by this appeal are (1) whether the Louisiana Supreme Court's decision in declaring LSA-C.C.
  • Scott v. Seraphine 427 So. 2d 498 La. Ct. App. 1st Cir. 1983
    The issue is the retroactive application of
  • Harlaux v. Harlaux 426 So. 2d 602 La. 1983
    In we affirmed a Court of Appeal, judgment holding that La.C.C.
  • Succession of Trosclair 423 So. 2d 745 La. Ct. App. 1st Cir. 1982
    Two alleged acknowledged illegitimates appeal the dismissal of their petitions seeking recognition of heirship based on which declared LSA-C.C.
  • Malek v. Yekani-Fard 422 So. 2d 1151 La. 1982