Succession of Oleava K. Knighton (In re: Weldon Knighton)

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT P.O. Box 16577 Lake Charles LA 70616 (337) 433-9403 NOT DESIGNATED FOR PUBLICATION George Vincent Perez, Jr. Attorney at Law 1425 N. Broad Av., Ste 201 New Orleans LA 70119

REHEARING ACTION: November 9, 2016

Docket Number: 16 00596-KW SUCCESSION OF OLEAVA K. KNIGHTON (IN RE: WELDON KNIGHTON) Writ Application from Calcasieu Parish Case No. 50-559

BEFORE JUDGES: Hon. Jimmie C. Peters Hon. John E. Conery D. Kent Savoie

As counsel of record in the captioned case, you are hereby notified that the ruling on the application for rehearing filed by Kevin Knighton, et al is: REHEARING DENIED: The matter before this court is a criminal matter.

See Carabine v. DeGravelle, 08-1286 (La.App. 3 Cir. 5/6/09), 11 So.3d 85, writ denied, 09-1231(La. 9/18/09), 17 So.3d 980. Kevin Knighton and Frank Granger, who are seeking a rehearing, fail to cite any authority to support their right to seek a rehearing on this criminal matter. The proper procedural vehicle is to seek civil relief in the trial court of the alleged contempt. Thus, we find the parties seeking rehearing lack standing.

Peters, J., dissents.

cc: Wilford D. Carter, Counsel for the Applicant Frank Alton Granger, Counsel for the Respondent