SMITH v. LEBLANC

No. 2006 CA 0041.

966 So.2d 66 (2007)

Oneita SMITH, as Curator of the Estate of Evelyn B. LeBlanc v. Darryl LEBLANC and Eva LeBlanc Miller.

Court of Appeal of Louisiana, First Circuit.

August 15, 2007.


Attorney(s) appearing for the Case

Mark D. Plaisance, Baker, for Plaintiff-Appellant Oneita L. Smith.

Terry T. Dunlevy, Brent J. Bourgeois, Randy T. Cresap, Roedel, Parsons, Koch, Blache, Balhoff & McCollister, Baton Rouge, for Defendants-Appellees Darryl LeBlanc and Eva L. Miller.

Before: PARRO, GUIDRY, and McCLENDON, JJ.


PARRO, J.

In this action for damages for breach of a fiduciary duty, the plaintiff appeals from a judgment sustaining the defendants' peremptory exception raising the objection of res judicata based on a judgment of homologation entered in an interdiction proceeding. For the following reasons, we affirm.

Factual Background and Procedural History

On August 11, 2004, Oneita LeBlanc Smith (Oneita), as curatrix of the estate of her mother, Evelyn...

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