Robert Kevin McCartney v. George McCormick

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

10-1225

ROBERT KEVIN MCCARTNEY, ET AL.

VERSUS

GEORGE MCCORMICK, ET AL.

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APPEAL FROM THE
NINTH JUDICIAL DISTRICT COURT
PARISH OF RAPIDES, NO. 225,011
HONORABLE F. RAE DONALDSON SWENT, DISTRICT JUDGE

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ELIZABETH A. PICKETT
JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and
Elizabeth A. Pickett, Judges.

AFFIRMED.

William M. Ford
P. O. Box 12424
Alexandria, LA 71315-2424
(318) 442-8899
Counsel for Defendants/Appellees:
Estate of George McCormick and Susan McCormick, Executrix
Robert Lewis Bussey

Assistant District Attorney
P. O. Box 307
Alexandria, LA 71309-0307
(318) 449-1937
Counsel for Defendants/Appellees:
Charles Wagner
James Downs
James Buck
Clifford Royce Stridder III
Rapides Parish District Attorney’s Office

Elaine McCartney
Aubrey McCartney
P.O. Box 411
Tioga, LA 71477
Pro Se

Robert Kevin McCartney,
Individually and on behalf of his minor children,
Samantha Nida and Jeremy Gerwaski
DWCC H3A
670 Bell Hill Road
Homer, LA 71040
Pro Se

PICKETT, Judge.

The plaintiffs, Aubrey McCartney, Elaine McCartney, and Robert Kevin

McCartney, Individually and on behalf of his minor children, all of whom appear in

proper person, appeal the trial court’s dismissal of their Motion to Refix: Show

Cause Hearing Pursuant To Fraud in the September 29, 2008, Judgment in which they

sought to have the judgment declared an absolute nullity on the basis of fraud. The

trial court denied the Motion to Refix without setting it for a hearing, noting it was

“Denied failure to state proper grounds for nullity under La.C.C.P. art. 2001-2006.”

On appeal, the plaintiffs filed a Motion [to] Strike and Answer to Appellee’s

Brief in which they seek to strike the appellees’ brief because the appellees did not

oppose the Motion to Refix in the trial court and because the brief allegedly includes

false statements of fact. The Motion to Strike was referred to the merits of the appeal.

We have thoroughly examined the allegations set forth in the plaintiffs’ Motion

to Refix and their Motion [to] Strike and the arguments asserted in their appellate

brief and find none of their allegations or arguments have any merit. Accordingly,

the judgment of the trial court is affirmed.

AFFIRMED.