The Succession of Marian Ethel Petry ( 2024 )

THE SUCCESSION OF NO. 24-C-459
MARIAN ETHEL PETRY
FIFTH CIRCUIT
COURT OF APPEAL
STATE OF LOUISIANA
October 02, 2024
Linda Wiseman
First Deputy Clerk
IN RE EDWARD D. SIREN, III, IN HIS CAPACITY AS INDEPENDENT EXECUTOR OF THE ESTATE OF
EDWARD D. SIREN, JR.
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C.
GREFER, DIVISION "J", NUMBER 823-478
Panel composed of Judges Susan M. Chehardy,
Jude G. Gravois, and Timothy S. Marcel
WRIT DENIED
In this case arising from a disputed testamentary legacy, relators, the
intestate heirs, seek supervisory review of a judgment of the trial court limiting the
scope of discovery. In our previous disposition in this case, we vacated the trial
court's ruling and remanded the matter "so all parties have an opportunity to
present evidence to support their understanding of Mrs. Petry's intent in making her
bequest." Succession of Petry, 23-474 (La. App. 5 Cir. 4/24/24), 386 So.3d 714,
721. The trial court has broad discretion in regulating pretrial discovery. Bell v.
Treasure Chest Casino, L.L.C., 06-1538 (La. 2/22/07), 950 So.2d 654, 656. Upon
review of the writ application, we find no abuse of discretion in the trial court's
ruling: it specifically allows for discovery related to Mrs. Petry's testamentary
intent as per our previous ruling. Accordingly, this writ is denied.
Gretna, Louisiana, this 2nd day of October, 2024.
TSM
SMC
JGG
24-C-459
1
SUSAN M. CHEHARDY CURTIS B. PURSELL
CHIEF JUDGE CLERK OF COURT
SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400
(504) 376-1498 FAX
www.fifthcircuit.org
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 10/02/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:
24-C-459
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen C. Grefer (DISTRICT JUDGE)
Trevor C. Davies (Respondent) Alexandre E. Bonin (Relator)
Peter J. Rotolo, III (Respondent) Tyler J. Arbour (Respondent)
Loren C. Marino (Respondent) Jean-Marc Bonin (Relator)
R. Christian Bonin (Relator)
Ian P. Gunn (Respondent)
MAILED
A. Elyce Ieyoub (Respondent) Todd R. Gennardo (Respondent) Robert E. Tarcza (Respondent)
Attorney at Law Attorney at Law Attorney at Law
1100 Poydras Street 201 St. Charles Avenue 330 Carondelet Street
Suite 2300 Suite 3920 Suite 300
New Orleans, LA 70163 New Orleans, LA 70170 New Orleans, LA 70130
Darlene Santana (Respondent) Paul A. Bonin (Relator) Anne E. Raymond (Respondent)
In Proper Person Attorney at Law Attorney at Law
3929 Jefferson Highway 4224 Canal Street 601 Poydras Street
Jefferson, LA 70121 New Orleans, LA 70119 Suite 2775
New Orleans, LA 70130