285 So.3d 27
La. Ct. App.2019Background
- Decedent Edward A. Horrell, Sr. died in 1993; litigation over his will and a donation to his son spanned decades and multiple appeals.
- The purported will was declared invalid for lack of testamentary capacity; related disputes (including the donation) were litigated and led to appointment of a provisional administratrix.
- A judgment of possession was rendered after a 2010 hearing; while that appeal was pending, decedent’s surviving spouse, Clare Horrell, died on November 14, 2011; no substitution of a successor was made under La. C.C.P. art. 801.
- The provisional administratrix filed a final tableau of distribution in July 2018; the trial court homologated the tableau by judgment dated December 7, 2018.
- Appellant Walter J. Horrell, Sr. appealed; he argued the judgment was void because it was rendered for/against a deceased party without statutory substitution.
- The Fourth Circuit held the judgment was an absolute nullity for lack of substitution, dismissed the appeal without prejudice, and remanded for substitution of a proper representative under La. C.C.P. art. 801.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could homologate the tableau of distribution despite the death of a party (Clare Horrell) without substitution | Appellant: judgment is void because Clare died in 2011 and no legal successor was substituted, so judgment for/against a deceased person is an absolute nullity | Provisional administratrix / Horrells: (implicit) proceedings and homologation should stand despite the omission (or substitution not required to validate the action) | Court: judgment is an absolute nullity; appeal dismissed without prejudice; remand for substitution under La. C.C.P. art. 801 |
Key Cases Cited
- Succession of Edward A. Horrell, Sr., 102 So.3d 139 (La. App. 4th Cir. 2012) (reciting procedural history and earlier rulings)
- Konneker v. Sewerage & Water Bd. of New Orleans, 703 So.2d 1341 (La. App. 4th Cir. 1997) (judgment for/against deceased is absolute nullity)
- Charia v. Allstate Ins. Co., 635 So.2d 370 (La. App. 4th Cir. 1994) (same)
- Tiger Leasing, Inc. v. Johnson, 544 So.2d 15 (La. App. 4th Cir. 1989) (same)
- Simoneaux v. Sun Erection Co., 531 So.2d 1136 (La. App. 4th Cir. 1988) (same)