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SUCCESSION OF JAMES L. NO. 2025 CW 0815 OLIVER

NOVEMBER 26, 2025

In Re: Tracey Denham, applying for writs, 22nd supervisory Judicial District Court, Parish of St. Tammany, No. 202330819.

BEFORE: MCCLENDON, C. J., GREENE AND STROMBERG, JJ.

WRIT GRANTED WITH ORDER.

The district court' s June 17, 2025 judgment which declared the August 13, 2020 testament to be invalid and absolutely null is an appealable judgment. An action to annul a testament is a new suit. " Thus, it is technically a separate action from the succession its the proceeding, object being annulment of the testament probated in the succession proceeding.

A judgment annulling the testament therefore, determines the merits of that separate action, brought in the succession proceeding, and accordingly constitutes a final judgment." See In re Succession of Theriot, 2008- 1233 ( La. App. 1st Cir. 12/ 23/ 08), 4 So. 3d 878, 881- 82. Thus, the writ application is granted for the limited purpose of remanding this matter to the district court with instructions to grant an appeal to defendant, Tracey Denham, pursuant to her notice of intent to seek supervisory writs. See In Re Howard, 541 So. 2d 195 ( La. 1989) ( per curiam) .

Additionally, a copy of this court' s order is to be included in the appellate record.

PMC HG TPS

PURT OF APPEAL, FIRST CIRCUIT

DJUTY CLERK OF COURT FOR THE COURT