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Succession of Dunham

Court of Appeal of Louisiana, First Circuit
Dec 19, 1980
393 So. 2d 458 (La. Ct. App. 1980)

Opinion

No. 13624

December 19, 1980.

APPEAL FROM NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA, HONORABLE LEWIS S. DOHERTY, III, J.

ON WRITS OF CERTIORARI, PROHIBITION AND MANDAMUS FROM THE NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, HONORABLE LEWIS F. DOHERTY, III, JUDGE PRESIDING.

Before EDWARDS, LEAR and WATKINS.


We granted alternate writs of certiorari, prohibition and mandamus dated May 1, 1980, ordering the trial court to issue an injunction restraining Mrs. Katharine O. Dunham and Dunham Land, Inc., and its officers from offering for sale land owned by Dunham Land. In our decision we indicated that our reason for doing so was that the ownership of Dunham Land, Inc., was at issue in Succession of Dunham, (La.App. 1st Cir. 1980), 393 So.2d 438.

We have held in our decision rendered in Succession of Dunham, (La.App. 1st Cir. 1980), 393 So.2d 438, that Anderson-Dunham, Inc., is the owner of all the capital stock of Dunham Land, Inc., and that the party in favor of whom the writs were granted, Richard E. Dunham, owned no capital stock in Dunham Land, and that neither did Ted F. Dunham, Jr., his brother. As Richard E. Dunham owns no stock in Dunham Land, Inc., he cannot have standing to obtain an injunction preventing the offering for sale of land owned by Dunham Land, Inc. We recognize that Richard E. Dunham is a beneficiary of a trust which includes in its corpus stock in Anderson-Dunham, Inc., which in turn we have held is sole stockholder in Dunham Land, Inc., but, as we have stated in the companion case, Succession of Dunham, (La.App. 1st Cir. 1980), 393 So.2d 438, in a different context, we are unwilling to pierce two corporate veils, which we would be required to do if we were to bar the offering of the subject land for sale.

The writs and injunction are dissolved, all costs to be paid by Richard E. Dunham.

WRITS DISSOLVED.


Summaries of

Succession of Dunham

Court of Appeal of Louisiana, First Circuit
Dec 19, 1980
393 So. 2d 458 (La. Ct. App. 1980)
Case details for

Succession of Dunham

Case Details

Full title:IN THE MATTER OF THE SUCCESSION OF TED F. DUNHAM, SR

Court:Court of Appeal of Louisiana, First Circuit

Date published: Dec 19, 1980

Citations

393 So. 2d 458 (La. Ct. App. 1980)