In the Matter of the Succession of Matthew Costanza
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT IN THE MATTER OF MATTHEW OF THE 2018 NO. SUCCESSION CW 0059 COSTANZA WL27 Lmjo In Co - Executors Re: Boudreaux, Jackie and 23rd Judicial of Estate the of Matthew for applying District Doyle writs, supervisory Parish Court, Costanza, of No. Ascension, 17909. BEFORE: JJ. WRIT issues Genuine DENIED. intent testator' s the CHUTZ AND HIGGINBOTHAM, McDONALD, C. J., WHIPPLE, PENZATO, See summary judgment. and La. of Civ. remain thus capacity, art. 966( A)( 3). mental Code fact material as to precluding P. VGW TMH AHP McDonald Relators is a entitled is her defeat issue as The own a a Summary Relators', them Doyle should and the See be D OF APPEAL, UTY FOR CLERK THE FIRST OF CIRCUIT COURT Code Jackie and Succession COURT La. granted, Smith Ramsey. COURT law. that show they that Relators Code La. writ. burden The to the that then there are Civ. are P. not art. only admissible evidence submitted by Respondent which is insufficient to testimony, Judgment against or grant show Ramsey, fact of would to law. of Smith matter self- serving judgment. summary Therefore, matter material as and evidence Beryle of judgment to 1). dissent JJ., sufficient Respondent, to genuine 966( D)( Chutz, judgment to entitled shifted and presented of Civ. P. art. Boudreaux, dismissing Matthew all Motion claims by Costanza 967( B). for raised Beryle
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