IN RE SUCCESSION OF MARTINEZ

No. 98-CA-962.

729 So.2d 22 (1999)

SUCCESSION OF Mary Margaret Loyola MARTINEZ.

Court of Appeal of Louisiana, Fifth Circuit.

February 10, 1999.


Attorney(s) appearing for the Case

Glenn C. McGovern, New Orleans, La., Attorney for Plaintiffs Floyd Martinez & The New Orleans Pro Bono Project.

G. Patrick Hand, III, Gretna, Louisiana, Attorney for Executor/Appellee Frederick Baldamar Martinez.

Panel composed of Judges CHARLES GRISBAUM, Jr., JAMES L. CANNELLA and THOMAS F. DALEY.


CANNELLA, Judge.

Plaintiff, Floyd Martinez, appeals from a judgment dismissing his petition to reopen the Succession of Mary Margaret Loyola Martinez (Mary Margaret), his mother. We affirm.

In 1979, Mary Margaret executed a will in favor of Frederick Baldamar Martinez, Jr. (Frederick), her husband and the father of plaintiff. In 1993, Mary Margaret and Frederick were divorced. Mary Margaret died in 1997.

In August of 1997, Frederick filed petitions...

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