SUCCESSION OF DEANNE BARRETT MCFERREN (Granted; Remanded with Instructions)
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DocuSign Envelope ID: 545033DA-5D05-42B9-A3F4-2174944A546A STATE OF LOUISIANA COURT OF APPEAL, SECOND CIRCUIT 430 Fannin Street Shreveport, LA 71101 (318) 227-3700 No. 55,333-CW SUCCESSION OF DEANNE BARRETT MCFERREN FILED: 05/16/23 RECEIVED: EMAIL 05/15/23 On application of Wendy Renee Barrett Independent Executrix of the Estate of Deanne Barrett McFerren for SUPERVISORY WRIT in No. 625,299 on the docket of the First Judicial District, Parish of CADDO, Judge Ramon Lafitte. MIRAMON LAW, INC. Patricia N. Miramon Julia Miramon Todd Counsel for: Wendy Renee Barrett Independent Executrix of the Estate of Deanne Barrett McFerren KEAN MILLER, LLP John Mark Miller Counsel for: Christopher Wayne McFerren and Bayou Country Contractors and Irrigation, LLC Before PITMAN, STONE, and THOMPSON, JJ. WRIT GRANTED; REMANDED WITH INSTRUCTIONS. Applicant Wendy Renee Barrett, the independent executrix of the Estate of Deanne McFerren, seeks review of the trial court’s Order granting Christopher McFerren’s motion for a suspensive appeal but dispensing with the requirement of security. After review, we conclude it was legal error for the trial court to dispense with the requirement of security for the suspensive appeal pursuant to La. C.C.P. art. 2124(B)(3), which requires that the appellant provide security which shall be fixed by the trial court at an amount sufficient to assure the satisfaction of the judgment, plus damages for the delay resulting from suspension of the execution of the judgment. Accordingly, the writ is granted and that portion of the ruling dispensing with security for the suspensive appeal is reversed. We remand this matter to the trial court with instructions to fix the amount of security sufficient to DocuSign Envelope ID: 545033DA-5D05-42B9-A3F4-2174944A546A No. 55,333-CW Page 2 assure satisfaction of the judgment in this case, plus damages for the delay resulting from suspension of execution of the judgment. June 1 Shreveport, Louisiana, this ________ day of ________________________, 2023. ___________________ ___________________ June 1, 2023 FILED: _____________________________ ____________________________________ DEPUTY CLERK ___________________
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