Enaas Nikroo Morrison, Individually and in her capacity as Provisional Administratix of the Succession of Dorian Maxwell Morrison v. Brittany Varnado Adams, Trustee of the C&C Morrison Trust A for the benefit of Dorian M. Morrison and as Trustee of Trust B for the benefit of Josephine Rhiannon Morrison ( 2023 )

STATE OF LOUISl~NA COURT OF APPEAL, FIRST CIRCUIT ENAAS NIKROO MORRISON, NO. 2023 CW 0066 INDIVIDUALLY AND IN HER CAPACITY AS PROVISIONAL ADMINISTRATRIX OF THE SUCCESSION OF DORIAN MAXWELL MORRISON VERSUS BRITTANY VARNADO ADAMS, TRUSTEE OF THE C& C MORRISON TRUST A FOR THE BENEFIT OF DORIAN M. MORRISON AND AS TRUSTEE OF TRUST B FOR THE MARCH 13, 2023 BENEFIT OF JOSEPHINE RHIANNON MORRISON In Re: Brittany Varnado Adams, Truste~ of the C& C Morrison Trust A for the benefit of Dorian M. Morrison and as Trustee of Trust B for the Benefit of Josephine Rhiannon Morrison, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 723945. BEFORE: THERIOT, CHUTZ, AND HESTER, JJ. I WRIT GRANTED. The portion of the trial court's December 6, 2022 judgment denying the peremptory Jxception of no cause of action filed by the defendant, Brittfny Varnado Adams, as Trustee of the C& C Morrison Trust A for the benefit of Dorian M. Morrison and Trust B for the benefit;: of Josephine Rhiannon Morrison, is reversed. We find the plaintiff, Enaas Nikroo Morrison, fails to state a cause of actiion for reimbursement of money taken from the proceeds of the sale of immovable property to satisfy a mortgage securing payment o~ a promissory note that was executed prior to the plaintiff acEepting an inter vivos donation of the subject immovable property. See La. Civ. Code art. 1549. Accordingly, the exception of no cause of action is granted, and the claims of Enaas Nik.roo Morrison against Brittany Varnado Adams, as Trustee of the, C & C Morrison Trust A for the benefit of Dorian M. Morrison and Trust B for the benefit of Josephine Rhiannon Morrison, are dismissed with prejudice. MRT WRC CHH COURT OF APPEAL, FIRST CIRCUIT DEPUTY CLERK OF COURT FOR THE COURT