James Graves Theus Jr's Legal Cases (4)

Probate

In Re: Succession of Stalter., 15-740 (La. App. 3rd Cir. 2015)

Dec 23, 2015

OUTCOME: Reversed and Remanded

Plaintiff filed a petition to annul a probated will after learning of deviations in required formalities of execution. Defendant, who was the surviving spouse and sole legatee, filed exceptions of no ... cause of action, which were granted by the trial court essentially holding that the plaintiff "participated" in the succession waiving all rights to contest the will. On appeal, the Third Circuit reversed the trial court ruling, holding that a person cannot acquiesce to an absolute nullity.

Business

Belgard v. Manchac Technologies, LLC, 92 So.2d 660 (La. App. 3 Cir. 2012)

Jun 06, 2012

OUTCOME: Trial court ruling in favor of defendant/business; Affirmed on appeal.

Counsel for defendant/business in lawsuit filed by a member of a limited liability company against the company and its managers alleging improper dilution of units issued in exchange for the guarantee ... of company debt.

Litigation

Duhon v. Brouillette, Case No. CA-16-0082 (La. App. 3 Cir., 2016)

N/A

OUTCOME: Reversed and Remanded

Default judgment against spouse of a Trustee domiciled in Texas in a Louisiana trust litigation case overturned and remanded upon appeal for failure to properly serve the initial petition via long-arm ... statute rendering the Louisiana court without personal jurisdiction to render the default judgment.

Wills and living wills

In The Matter of The Succession of John Robert Biscamp, Case No. CA 16-673 (La. App. 3 Cir., 2017)

N/A

OUTCOME: Trial Court Judgment Affirmed

Trial court judgment annulling last will and testament for failure comply with the formalities required by Louisiana law affirmed on appeal to the Third Circuit.

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