Opinion

In re Succession of Bissic

  • 431 So. 2d 418
  • 1982 La. App. LEXIS 8873
Court
Louisiana Court of Appeal
Filed
Jun 15, 1982
Status
Published
Author
Sexton
On the bench
Hall, Jones, Marvin, Price, Sexton
Cited by
1 cases
Authority
More cited than 26.0%

The opinion

ON REHEARING

Before PRICE, HALL, MARVIN, FRED W. JONES, Jr. and SEXTON, JJ.

SEXTON, Judge.

We granted a rehearing herein subsequent to the Supreme Court’s original opinion in Succession of Clivens, 426 So.2d 585 (1982), which would control and thus alter the original opinion in this cause. However, on rehearing three justices of our Supreme Court held that the effects of Succession of Brown, 388 So.2d 1151 (La.1980), are to be retroactive both as to testate and intestate successions to the effective date of the Louisiana Constitution of 1974, to-wit January 1,1975, with one justice concurring in the result asserting his position that the Succession of Brown should be prospective only from the date of that decision, September 3,1980. The effect of Clivens is that a majority of the Supreme Court would not give retroactive effect to Brown beyond January 1, 1975.

Thus, Clivens is squarely dispositive of the claims asserted here, as they arose prior to January 1, 1975. The judgment of the district court is affirmed at appellant’s costs.

AFFIRMED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.