Opinion
NO. 2013 CW 2241
01-23-2014
IN THE MATTER OF THE SUCCESSION OF LEROY WELLS
In Re: Saleria Butler Tate, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 95582.
BEFORE: WHIPPLE, C.J., WELCH AND CRAIN, JJ.
WRIT GRANTED. Relator, Saleria Butler Tate, met her burden of proof on the motion for summary judgment by pointing out the absence of factual support for one or more elements essential to the adverse parties' claims. See La. Code Civ. Pro. Art. 966C(2). The burden of proof then shifted to the petitioners, James Alex Wells, Perry David Wells, and Jessie Mae Wells. In opposing the motion the petitioners may not simply rely on arguments or their pleadings. La. Code Civ. Pro. Art. 966C(2). Rather, they must produce factual support sufficient to establish that they will be able to satisfy their evidentiary burden of proof at trial, which on the issues of lack of testamentary capacity and undue influence is proof by clear and convincing evidence. See La. Civ. Code arts. 1482A, 1483; La. Code Civ. Pro. Art. 966C(2). Petitioners failed to produce any such factual support. After de novo review, we find that there is no genuine issue of material fact and that relator, Saleria Butler Tate, is entitled to judgment as a matter of law. Accordingly, the writ application is granted, the trial court's December 9, 2 013 judgment is reversed, and judgment is rendered dismissing the petitioners' claims against relator with prejudice.
JEW
WJC
VGW
COURT OF APPEAL, FIRST CIRCUIT __________
DEPUTY CLERK OF COURT
FOR THE COURT