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IN RE SUCCESSION OF SAMUEL

No. 2013-CA-1677.

SUCCESSION OF BERNARD F. SAMUEL, SR.

Court of Appeals of Louisiana, Fourth Circuit.

July 23, 2014.

Attorney(s) appearing for the Case

Lila M. Samuel , George R. Coleman , Scott R. Samuel , 502 Huey P. Long Avenue, Gretna, LA 70053, AND Bruce Anthony Miller , 2955 Ridgelake Drive, Suite 207, Metairie, LA 70002. Counsel for Defendant/Appellee/Barry Samuel.

Jack M. Alltmont , Peter S. Title , SESSIONS FISHMAN NATHAN & ISRAEL, L.L.P., 201 St. Charles Avenue, 3815 Place St. Charles, New Orleans, LA 70170-1052, AND Pascal F. Calogero, Jr. , PASCAL F. CALOGERO, JR, APLC, 1100 Poydras Street, Suite 1500, New Orleans, LA 70163-1500, Counsel for Plaintiff/Appellant/Barbara Samuel Bretz.

Court composed of Judge Terri F. Love, Judge Daniel L. Dysart, Judge Sandra Cabrina Jenkins.

TERRI F. LOVE, Judge.

Barbara Samuel Bretz ("Ms. Bretz") appeals the trial court's judgment granting Barry N. Samuel's ("Barry") exception of liberative prescription. The trial court determined that the power of attorney in favor of Bernard F. Samuel, Sr.'s ("Bernard, Sr.") second wife validly transferred, through the July 30, 1998 act of sale, a one-half ownership interest in immovable property located at 939 South Jefferson Davis Parkway ("SJD property") from Bernard...

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