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ACKER v. BAILIFF

No. 47,160-CA.

94 So.3d 1011 (2012)

Tammy Bailiff Roy ACKER, in her Capacity as Succession Representative for the Successions of Billy Gene Bailiff and Richard Leon Bailiff, Plaintiff-Appellant v. Claude H. BAILIFF, Jr., Mae Donnelle Bailiff Dailey, Patricia Ernestine Bailiff Whatley, Mary Ruth Bailiff Wischan and Randolph M. Vaughn, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

June 27, 2012.

Attorney(s) appearing for the Case

Richie, Richie & Oberle, Shreveport, LA, by Margaret E. Richie , C. Vernon Richie , for Appellant Tammy Bailiff Roy Acker.

Weems, Schimpf, Gilsoul, Haines, Landry & Carmouche, Shreveport, LA, by Brian D. Landry , for Appellee Claude H. Bailiff, Jr.

Mae Donnelle Bailiff Dailey , In Proper Person.

Patricia Ernestine Bailiff Whatley , In Proper Person.

Hubert R. Davis , Arcadia, LA, for Appellee Mary Ruth Bailiff Wischan.

Randolph M. Vaughn , In Proper Person.

Before STEWART, CARAWAY and MOORE, JJ.

STEWART, J.

Sustaining an exception of prescription, the trial court dismissed this action to annul a 2006 succession judgment that placed heirs into possession of immovable property located in Bienville Parish. Because the 2006 succession judgment is not a final judgment, we vacate the trial court's judgment granting the exception of prescription and remand for further proceedings.

FACTS

On November 9, 2010, Tammy Bailiff Roy Acker ("Acker"), as...

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