Opinion
NO. 2018 CW 0985
07-20-2018
IN THE MATTER OF THE SUCCESSION OF DIANA SALLY WEBER
In Re: Allen Miller, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 100664. BEFORE: THERIOT, CHUTZ AND PENZATO, JJ.
WRIT DENIED; MOTION TO STAY PROCEEDINGS DENIED. The district court's judgment on Jo Carol Herbert's Petition for Intervention and Disbursement of Funds, once signed, constitutes a final, appealable judgment. See Jackson Nat. Life Ins. Co. v. Kennedy-Fagan, 2003-0054 (La. App. 1st Cir. 2/6/04), 873 So.2d 44, 47, writ denied, 2004-0600 (La. 4/23/04), 870 So.2d 307; Judson v. Davis, 2011-0623 (La. App. 1st Cir. 11/9/11), 81 So.3d 712, 717, writ denied, 2011-2747 (La. 2/17/12), 82 So.3d 288; Chevron U.S.A. Inc. v. Bergeron, 551 So.2d 746, 748 (La. App. 1st Cir. 10/11/89), writ denied, 553 So. 2d 465 (La. 1989). Pursuant to La. Code Civ. P. art. 2252, a judgment creditor may proceed with execution of a judgment only after the delay for a suspensive appeal therefrom has elapsed, and therefore, a stay is unnecessary.
WRC
AHP
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT