Succession of Percy J. Fontenot

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 12-837

SUCCESSION OF PERCY J. FONTENOT

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APPEAL FROM THE
THIRTEENTH JUDICIAL DISTRICT COURT
PARISH OF EVANGELINE, NO. 11480-B
HONORABLE THOMAS F. FUSELIER, DISTRICT JUDGE

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BILLY H. EZELL

JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and
Billy H. Ezell, Judges.

APPEAL DISMISSED. APPELLANT IS PERMITTED TO
FILE AN APPLICATION FOR SUPERVISORY WRITS.

Randall Lee Guidry
Attorney at Law
503 West University Avenue
Lafayette, LA 70506-3651
(337) 233-8800
COUNSEL FOR APPELLANT:
Darwin J. Fontenot

Alan K. Breaud
Breaud & Meyers
Post Office Box 3448
Lafayette, LA 70502
(337) 266-2200
COUNSEL FOR APPELLEE:
Chris Rainey, et al.

Marcus L. Fontenot
13th JDC, ADA
Post Office Drawer 780
Ville Platte, LA 70586
(337) 363-3438
and
Donald Albert Capretz
Post Office Box 53509
Lafayette, LA 70505
(337) 237-9999
COUNSEL FOR APPELLEE:
Succession of Percy J. Fontenot

Christopher Brent Coreil
District Attorney
13th Judicial District Court
Post Office Drawer 780
Ville Platte, LA 70586
(337) 363-3438
COUNSEL FOR APPELLEE:
Carl Fontenot

Joffre Wendel Fusilier
Jacob B. Fusilier
Post Office Box 528
Ville Platte, LA 70586-0000
(337) 363-6661
and
James L. Brazee, Jr.
Brazee, Cormier & Gallaspy
2901 Johnston Street, #206
Lafayette, LA 70503-0000
(337) 237-0492
COUNSEL FOR APPELLEE:
Anita Fontenot, et al.

David Charles Laborde
The LaBorde Law Firm
Post Office Box 80098
Lafayette, LA 70598-0098
(337) 261-2617
COUNSEL FOR APPELLEE:
Chad Fontenot

EZELL, Judge.

This court issued a rule for the Appellant, Darwin J. Fontenot, to show cause,

by brief only, why the instant appeal should not be dismissed as having been taken

from a non-appealable, interlocutory ruling. After considering Appellant’s response

and a supplemental appeal record, we dismiss the appeal for the reasons assigned

below.

The instant case is a testate succession of the Appellant’s father, Percy J.

Fontenot. In the course of these proceedings, the Appellant filed a motion for partial

summary judgment challenging specific bequests in the testament and an “Opposition

to Probate of Testament or Alternatively to Specific Legacy.” Following a hearing on

both pleadings, the trial court denied the motion for partial summary judgment and the

opposition to probate. A written judgment was signed on June 13, 2012. The

Appellant filed a motion and order for appeal on June 22, 2012. The record in this

appeal was lodged on July 25, 2012, and supplemented on October 23, 2012.

Despite the fact that the trial court certified the judgment as a final judgment,

the judgment appealed, which denied Appellant’s motion for partial summary

judgment and opposition to probate testament, does not decide the merits of this case

and is interlocutory. La.Code Civ.P. art. 1841. Therefore, we hereby dismiss the

instant appeal. The Appellant is hereby permitted to file a proper application for writs

in compliance with Uniform Rules---Courts of Appeal, Rule 4, no later than February

7, 2013. The Appellant is not required to file a notice of intent to seek writs nor

obtain an order setting a return date pursuant to Uniform Rules---Courts of Appeal,

Rule 4--3.

APPEAL DISMISSED. APPELLANT IS PERMITTED TO FILE AN
APPLICATION FOR SUPERVISORY WRITS.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.
Rule 2-16.3 Uniform Rules, Court of Appeal.