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IN RE SUCCESSION OF SMITH

No. 09-969.

29 So.3d 723 (2010)

In re SUCCESSION OF Donald Clay SMITH.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 10, 2010.

Attorney(s) appearing for the Case

Walter Evans Dorroh, Jr., Jena, LA, for Appellees-Angela Smith Appleby and Winnie Moore Smith.

James L. Carroll, Columbia, LA, for Appellant-Clayton Donnell Barnhill.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JOHN D. SAUNDERS, and JAMES T. GENOVESE, Judges.

THIBODEAUX, Chief Judge.

Appellant, Clayton Donnell Barnhill, an alleged biological child of the deceased, Donald Clay Smith, claims that the trial court erred by sustaining Winnie Moore Smith and Angela Smith Appleby's exception of prescription. Barnhill maintains that the trial court erroneously interpreted the 2005 Civil Code amendment that governs filiation actions.1 Reasoning that the amendment...

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