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GIBBS v. DELATTE

No. 2005 CW 0821.

927 So.2d 1131 (2005)

Robert GIBBS, Maggie Gibbs Wilson, Beatrice Gibbs Ross, Silas Gibbs, Ida Gibbs Calhoun and Ivy Wood Gibbs v. Douglas R. DELATTE, Steve Kent Chemical Transport, LLC and ABC Insurance Company Tyrone Kilbourne, Derondrick Deon Woodridge, and Margaret Brown v. Douglas R. Delatte, Steve Kent Chemical Transport, LLC, and Empire Fire and Marine Insurance Company Barbara Johnson, as Tutrix of her Minor Son, Charles Jesse Kilbourne Bradford v. Steve Kent Chemical Transport, LLC, Douglas R. Delatte, Empire Fire and Marine Insurance Company, the Estate of John H. Kilbourne, and Margaret K. Brown.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 24, 2006.

Attorney(s) appearing for the Case

Durward D. Casteel, Melanie A. Verzwyvelt, Baton Rouge, Counsel for Defendants/Relators Douglas R. Delatte, Steve Kent Chemical Transport, LLC, and Empire Fire and Marine Insurance Company.

Lewis O. Unglesby, Robert M. Marionneaux, Jr., Samuel C. Ward, Jr., Baton Rouge, Counsel for Plaintiffs/Respondents Robert Gibbs, Maggie Gibbs Wilson, Beatrice Gibbs Ross, Silas Gibbs, Ida Gibbs Calhoun, and Ivy Wood Gibbs.

Bryan D. Fisher, Robert Rimes, Baton Rouge, Counsel for Plaintiffs/Respondents Tyrone Kilbourne, DeRondrick Deon Woodridge and Margaret Brown.

Before: KUHN, GUIDRY and PETTIGREW, JJ.

PETTIGREW, J.

The instant writ application concerns whether alleged half-siblings have a right of action under La. Civ.Code arts. 2315.1 and 2315.2 absent a presumption of paternity, formal acknowledgement, or a timely-filed filiation action between the decedent and the alleged common father.

FACTS

On January 24, 2003, John Howard Kilbourne was driving his 1997 Ford Escort southbound on La. Highway 67. At that same time, Douglas R. Delatte...

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