331 So.3d 1072
La. Ct. App.2021Background
- Edward A. Horrell, Sr. died in 1993; litigation over his estate (invalid will, donation of land, competency, and administrator appointments) has been ongoing for decades with multiple appeals.
- A judgment of possession was entered April 19, 2011 in favor of decedent’s spouse, Clare Horrell; Clare died while the appeal was pending and no successor was substituted, leading this Court to later find that judgment a nullity and remand to substitute the proper representative.
- On July 21, 2020 Gaye Coffer (executrix of Clare’s succession) moved to intervene/substitute as the proper party; the trial court granted intervention July 22, 2020.
- At the Dec. 10, 2020 hearing the trial court denied Walter Horrell’s exceptions, appointed Lisa Matthews (provisional administratrix since 1997) as full administratrix, and adopted the terms of the April 19, 2011 judgment as a new court judgment.
- On Feb. 12, 2021 the trial court homologated the final tableau of distribution, approved the final accounting, authorized payment of outstanding fees/costs, discharged Matthews, and canceled her bond; Horrell appealed both judgments and this Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1) Petition for intervention / non-joinder | Coffer: as executrix of Clare, she is the proper party to be substituted and may intervene | Horrell: intervention defective for non-joinder and improper service; no right of action | Trial court did not abuse discretion; Coffer may intervene and be substituted; exception denied |
| 2) No right of action | Coffer: she has a legal interest and right to be substituted as party | Horrell: Coffer lacks right to bring the petition / improper plaintiff | De novo review: Coffer is in the class with legal interest; no-right-of-action exception denied |
| 3) No cause of action / adoption of April 19, 2011 judgment | Horrell: April 19, 2011 judgment was declared null and cannot be ratified or reinstated | Coffer/Matthews: sought substitution and asked the court to adopt terms into a new judgment so proceedings may continue | Court did not reinstate a null judgment; it entered a new judgment incorporating those terms; no-cause exception denied |
| 4) Appointment of Lisa Matthews as full administratrix | Horrell: Matthews abused provisional role and is unfit; original $50,000 bond is insufficient | Matthews/Coffer: Matthews has served since 1997 with provisional authority; bond adequate given estate assets | Manifest-error review: appointment affirmed; $50,000 bond deemed adequate under La. C.C.P. art. 3151 |
| 5) Homologation of tableau, final accounting, discharge | Horrell: trial court erred in homologating tableau, approving accounting, discharging administratrix and canceling bond | Matthews: debts paid (or accounted for), sufficient funds exist; request to pay fees and distribute is proper | Factual record supports homologation and final accounting; discharge and bond cancellation proper; appeal denied |
Key Cases Cited
- Succession of Horrell, 285 So.3d 27 (La. App. 4 Cir. 2019) (prior panel held possession/homologation null where successor not substituted and remanded to substitute proper party)
- Succession of Horrell, 680 So.2d 725 (La. App. 4 Cir. 1996) (will invalidated due to decedent's lack of testamentary capacity)
- Horrell v. Horrell, 808 So.2d 363 (La. App. 1 Cir. 2000) (res judicata applied as to decedent's competency to execute instruments)
- Succession of Horrell, 709 So.2d 1069 (La. App. 4 Cir. 1998) (party’s bad moral character can disqualify appointment as administrator)
- Rayford v. Nat’l R.R. Passenger Corp., 962 So.2d 5 (La. App. 4 Cir. 2007) (abuse-of-discretion standard for non-joinder exceptions)
- In re Succession of Duskin, 153 So.3d 567 (La. App. 4 Cir. 2014) (de novo review applies to exceptions of no right/no cause of action)
- Succession of Moffat, 577 So.2d 1210 (La. App. 4 Cir. 1991) (procedural requirements for tableau of distribution and priorities when funds insufficient)