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Poole v. Fuselier (In re Poole)

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jul 29, 2015
NO. 2015 CW 0561 (La. Ct. App. Jul. 29, 2015)

Opinion

NO. 2015 CW 0561

07-29-2015

IN THE MATTER OF THE SUCCESSION OF GENITA SCHORLING POOLE ENID POOLE GORINGE AND ERIN M. POOLE V. ASHLEY POOLE FUSELIER


In Re: Ashley Poole Fuselier, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2012-30067 c/w 2013-14854 c/w 2014-11911. BEFORE: WELCH, DRAKE AND HOLDRIDGE, JJ. WRIT GRANTED WITH ORDER. The March 5, 2015 judgment of the trial court granting the Exception of Prescription and Judgment on the Pleadings is reversed and the matter is remanded to the trial court in order for an evidentiary hearing to be held. La. C.C.P. arts. 931, 2164. Assuming all of the allegations of the third party demand are true, there is no basis to render a Judgment on the Pleadings. La. C.C.P. art. 965. Therefore, the Motion for Judgment on the Pleadings is hereby denied.

EGD

GH

JEW

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

Poole v. Fuselier (In re Poole)

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jul 29, 2015
NO. 2015 CW 0561 (La. Ct. App. Jul. 29, 2015)
Case details for

Poole v. Fuselier (In re Poole)

Case Details

Full title:IN THE MATTER OF THE SUCCESSION OF GENITA SCHORLING POOLE ENID POOLE…

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Jul 29, 2015

Citations

NO. 2015 CW 0561 (La. Ct. App. Jul. 29, 2015)

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