Cited by

Opinions in Louisiana that cite Succession of Clivens, 426 So. 2d 585.

64 citing documents.

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 Louisiana Supreme Court in Succession of Viola Clivens, on rehearing, Docket No. 82-C-0125, has recently determined that the Brown decision is to be retroactively applied to the effective date of the 1974 Louisiana Constitution, January 1, 1975.
In re Succession of Layssard 430 So. 2d 657 La. 1983
Parish of East Baton Rouge v. Burrell 429 So. 2d 226 La. Ct. App. 1st Cir. 1983
Alexander Clivens, on rehearing, , which stated that the principles set out in Succession of Brown shall be: “.
In the Matter of Succession of Theriot 428 So. 2d 1017 La. Ct. App. 1st Cir. 1983
The Louisiana Supreme Court recently addressed this issue in on rehearing
Thoreson v. DEPT. OF ST. CIVIL SERVICE 433 So. 2d 184 La. Ct. App. 1st Cir. 1983
349 , 30 L.Ed.2d 296 (1971); Succession of Clivens, on rehearing, (La.App.
In the Matter of Succession of Levy 428 So. 2d 904 La. Ct. App. 1st Cir. 1983
[3] Whether the decision in Brown would be applied retroactively was left unanswered until the recent opinion of the Louisiana Supreme Court in Succession of Viola Clivens, on rehearing, in which the Court held that Succession of Brown , as relates to testate as well as intestate successions, is to be applied retroactively to the effective date of the 1974 Louisiana Constitution, January 1, 1975, as well as prospectively.
Jones v. Batiste 427 So. 2d 17 La. Ct. App. 1st Cir. 1983
In the very recent case of the court held that the “declaration of unconstitutionality of La.C.C.
Blackshire v. Thorne 427 So. 2d 623 La. Ct. App. 1st Cir. 1983
However, the recent decision of the Louisiana Supreme Court in (decided on rehearing), establishes that the Succession of Brown’s declaring La.R.C.C.
Succession of Payne v. Payne 426 So. 2d 1355 La. Ct. App. 3d Cir. 1983
However, subsequent to our decision in Layssard, the Louisiana Supreme Court reached a contrary result in , Louisiana Supreme Court docket number 82-C-0125 (La.
Scott v. Seraphine 427 So. 2d 498 La. Ct. App. 1st Cir. 1983
In on first hearing, the Succession of Brown was held to be “retroactive in intestate successions where the rights of third parties are not involved.” On rehearing, the court held that the Succession of Brown was to be applied retroactively to January 1,1975.
Harlaux v. Harlaux 426 So. 2d 602 La. 1983
That question has this day been answered in our opinion in on rehearing, wherein we held that Succession of Brown would have a limited retroactive application back to January 1, 1975, the effective date of the present Louisiana Constitution.
Overruled Succession of Trosclair 423 So. 2d 745 La. Ct. App. 1st Cir. 1982
White v. Mitchell 426 So. 2d 621 La. Ct. App. 1st Cir. 1982
Since the decision in the court below, however, the Louisiana Supreme Court, in held that Succession of Brown would be applied retroactively “in intestate successions where the rights of third parties are not involved.” On the face of the record in this case, it involves an intestate succession in which all of the property inherited remains in the hands of either the heirs who were reco