SUCCESSIONS OF MILTON COTAYA & NO. 24-CA-226 EDNA COTAYA FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 837-862, DIVISION "J" HONORABLE STEPHEN C. GREFER, JUDGE PRESIDING

December 20, 2024

STEPHEN J. WINDHORST JUDGE Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and Timothy S. Marcel

APPEAL DISMISSED SJW MEJ TSM COUNSEL FOR INTERVENOR/APPELLANT, VICKI TOSH James A. Harry William R. Penton, III Cesar R. Burgos Robert J. Daigre George M. McGregor Leila M. Bonilla COUNSEL FOR PLAINTIFF/APPELLEE, LEE M. COTAYA, ADMINISTRATOR FOR THE SUCCESSION OF EDNA COTAYA J. Douglas Sunseri WINDHORST, J.

Appellant, the succession representative, Vicki Tosh, appeals the trial court’s April 11, 2023 judgment1 dismissing her Petition to Open Succession, Probate Will and Confirm Administrator in docket number 837-862. For the following reason, appellant’s appeal is dismissed.

DISCUSSION Jurisdiction In this contentious litigation, Ms. Tosh filed the instant appeal concerning the trial court’s April 11, 2023 judgment which dismissed her Petition to Open Succession, Probate Will and Confirm Administrator (“petition”) in Successions of Milton Cotaya and Edna Cotaya, docket number 837-862 in the 24th Judicial District Court. Ms. Tosh asserts that the trial court erred in considering Lee Cotaya’s “Motion and Incorporated Memorandum to Remove Vicki Tosh as Executrix and Dismiss These Proceedings,” (“motion to dismiss”), granting the motion to dismiss, and dismissing her petition in docket number 837-862.

Upon review, we find this appeal concerns the same judgment and issues previously appealed in this court in docket number 24-CA-39.2 For the reasons stated in that appeal, this court affirmed the trial court’s judgment dismissing Ms. Tosh’s petition. Successions of Milton Cotaya and Edna Cotaya, 24-39 (La. App. 5 Cir. 12/05/24), — So.3d —, 2024 WL 4985656. Because this court has already reviewed and affirmed the judgment dismissing Ms. Tosh’s petition in docket number 837-862, there is nothing further for this court to review under our appellate jurisdiction in the instant appeal.

1 Upon review of the trial record, in docket number 24-CA-39, this court found that docket number 837-862 did not contain a separate judgment for this court to review. The trial court was informed that the rulings for docket number 837-862 were improperly included in the April 11, 2023 judgment for docket number 838- consolidated with docket number 838-251. Once again, this court pointed out to the parties that docket number 837-862 is not consolidated with 838-243, which is consolidated with 838-251. The trial court subsequently rendered a separate judgment for this case, docket number 837-862, on August 2, 2024.

2 Appellant’s brief states that she is appealing the April 11, 2023 judgment concerning the trial court’s rulings on April 3, 2023, as indicated by appellant’s motion for appeal filed June 5, 2023.

24-CA-226 1 Accordingly, this appeal is dismissed.

DECREE For the reason stated herein, this appeal is dismissed.

APPEAL DISMISSED

24-CA-226 2 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY DECEMBER 20, 2024 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-CA-226 E-NOTIFIED 24TH JUDICIAL DISTRICT COURT (CLERK) HONORABLE STEPHEN C. GREFER (DISTRICT JUDGE) GEORGE M. MCGREGOR (APPELLANT) JAMES A. HARRY (APPELLANT) ROBERT J. DAIGRE (APPELLANT) J. DOUGLAS SUNSERI (APPELLEE) MAILED KATHRYN A. E. SUNSERI (APPELLEE) CESAR R. BURGOS (APPELLANT) ATTORNEY AT LAW LEILA M. BONILLA (APPELLANT) 3000 18TH STREET WILLIAM R. PENTON, III (APPELLANT) METAIRIE, LA 70002 ATTORNEYS AT LAW 3535 CANAL STREET SUITE 200 NEW ORLEANS, LA 70119