TRUST FOR MELBA SCHWEGMANN v. SCHWEGMANN

No. 09-CA-968.

51 So.3d 737 (2010)

The TRUST FOR MELBA MARGARET SCHWEGMANN and Melba Margaret Schwegmann, Beneficiary, v. The SCHWEGMANN FAMILY TRUST, The Schwegmann Family Trust No. 2, Through Diane B. Marks and William R. Burge Jr., Trustees and John Guy Schwegmann, Laurie D. Schwegmann and Heidi Schwegmann, Individually.

Court of Appeal of Louisiana, Fifth Circuit.

September 14, 2010.


Attorney(s) appearing for the Case

Paul J. Mirabile , Middleberg, Riddle & Gianna, New Orleans, Louisiana, for Plaintiffs/Appellees.

Antonio J. Rodriguez , Lawrence R. DeMarcay, III , H. Jake Rodriguez , Shelly R. Miller , Fowler, Rodriguez Valdes-Fauli, Attorneys at Law, New Orleans, Louisiana, for Defendant/Appellants.

Panel composed of Judges CLARENCE E. McMANUS, FREDERICKA HOMBERG WICKER, and MARC E. JOHNSON.


CLARENCE E. McMANUS, Judge.

This is an appeal from the trial court's grant of an exception of prescription dismissing plaintiffs' petition, and the denial of an exception of no right of action and exception of no cause of action. For the reasons which follow, we reverse the trial court's judgment in part, and affirm the judgment in part.

STATEMENT OF THE CASE

The Trust of Melba Margaret Schwegmann ("Margie Trust") was created in 1962 with...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases