Butler's succession, filed a petition for injunctive relief seeking to enjoin the sale of the On June 19, 2020, a provisional administrator, on behalf of Ms. The public sale was initially set for January 22, 2020, but was later rescheduled for June 24, 2020. On December 10, 2019, the Ascension Parish Sheriff issued a notice of seizure and sale of the property. Following a trial to partition the property, which the court-appointed curator did not attend, the trial court executed a Septemjudgment ordering the partition and sale of the property. Hoffman's petition for partition on behalf of Ms. Butler's succession and her minor children, and sought to have the property sold at private sale or public auction in order to effect a partition by licitation.Ī court-appointed curator answered Mr. Hoffman moved for a curator ad hoc to be appointed to represent the interests of Ms. Butler's succession owned the property in indivision, in the proportion of an undivided one-half interest each that the property was insusceptible of being partitioned in kind and, that the co-owners had been unable to agree upon a non-judicial partition. The petition for partition named as defendant the Unopened Succession of Dominique Marie Butler (Ms. Hoffman filed a petition seeking partition of a certain tract of immovable property identified as 251 Evangeline Drive, Donaldsonville, Louisiana 70346 (the property). She was survived by four minor children: Makiyah Butler, Tija Butler, Kaleb Butler, and Blake Pleasant. FACTUAL AND PROCEDURAL HISTORYĭominique Marie Butler died on February 13, 2018. For the reasons that follow, we amend the judgment of the trial court, and affirm as amended. In this appeal, plaintiff-appellant challenges a trial court judgment that granted a permanent injunction enjoining the public sale of immovable property belonging to minor children without appraisal ordered an appraisal of the property with each party to bear half of the costs and, ordered that the minimum price of the sale be at least two-thirds of the appraised value. Honorable Alvin Turner, Jr., Judge PresidingīEFORE: GUIDRY, McCLENDON, AND LANIER, JJ. On Appeal from the Twenty-Third Judicial District Court In and for the Parish of Ascension State of Louisiana STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT THE UNOPENED SUCCESSION OF DOMINIQUE MARIE BUTLER
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