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DRISCOLL v. MAZALESKI

No. 2011-CA-1719.

95 So.3d 1140 (2012)

Dennis G. DRISCOLL v. Eileen Ann Moore MAZALESKI, in her Capacity as Testamentary Executrix of the Succession of Muriel Bothner Moore.

Court of Appeal of Louisiana, Fourth Circuit.

May 30, 2012.

Attorney(s) appearing for the Case

Charles L. Stern, Jr. , Danielle C. Babashoff , Margaret V. Glass , Steeg Law Firm, LLC, New Orleans, LA, for Plaintiff/Appellant.

Robert A. Barnett , Guste, Barnett, Schlesinger, Henderson & Alpaugh, L.L.P., New Orleans, LA, for Defendant/Appellee.

(Court composed of Chief Judge CHARLES R. JONES, Judge MADELEINE M. LANDRIEU, Judge JOY COSSICH LOBRANO).

MADELEINE M. LANDRIEU, Judge.

Dennis Driscoll suspensively appeals the trial court's judgment that distributed funds deposited into the registry of the court among himself; his brother, John Driscoll; and his cousin, Eileen Moore Mazaleski, in her capacity as executrix of the succession of her deceased mother, Muriel Moore. For the reasons that follow, we amend the judgment in part and affirm as amended.

FACTS AND PROCEEDINGS BELOW

On June 16, 2005...

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