STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT IN RE: SUCCESSION OF JACK NO. 2021 CW 0480 JOHNSON, JR. JUNE 21, 2021

In Re: Alonzina M. Johnson, applying for writs, supervisory 32nd Judicial District Court, Parish of Terrebonne, No. 24492.

BEFORE: GUIDRY, McDONALD, AND McCLENDON, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The portion of the trial court' s December 14, 2020 judgment which awarded attorneys' fees in the amount of $ 5, 000 to Qiana Wilson Bynum and against Alonzina Johnson is vacated. It is unclear which provision of law the trial court was relying on to award such attorneys' fees, and no evidence was introduced to support the amount We of such award. deny the writ in all other respects.

Futhermore, we note that a direct action is required to annul a testament. La. Code Civ. P. art. 2931. The prescriptive period for an action to annul a testament is five years. La. Civ. Code art. 3497.

JMG JMM PMC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT