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IN RE SUCCESSION OF CARLTON

No. 11-288.

77 So.3d 989 (2011)

SUCCESSION OF Donnie Dewayne CARLTON.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 23, 2011.

Attorney(s) appearing for the Case

Thomas O. Wells , Attorney at Law, Alexandria, LA, for Appellees, Monica Player, Roy A. Carlton, Margie Prather, Shirley Manuel, Shonna Vilo.

Gwenda R. Lamb , Attorney at Law, Alexandria, LA, for Appellant, Melba Stuckey Phillips.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, MARC T. AMY, and PHYLLIS M. KEATY, Judges.

KEATY, Judge.

This is an appeal from a judgment sustaining an exception of res judicata in favor of the movant, decedent's sister, and against decedent's aunt. For the following reasons, we find that the movant did not meet her burden of proving that the claim at issue was barred by res judicata. Accordingly, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

Decedent, Donnie Dewayne Carlton, died in September, 2008. In July, 2009, two of his aunts...

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