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Another Appellate Victory

In Succession of Arthel J. Scheurmann et al vs Scheurmann &  Jones, LLC et al the defendants sought a writ to the Louisiana Fourth Circuit Court of Appeal seeking reversal of the trial court’s judgment compelling the defendants to turn over to the Executor of the Estate of Arthel J. Scheurmann financial and business records of  Scheurmann & Jones, LLC,  a New Orleans based law firm. 

The records at issue were sought by plaintiffs in an effort to value the decedent’s interest in the law firm and to recover the value of that interest from the law firm.   The defendants  opposed turnover of the requested documents based on Louisiana LLC law which under the facts of the instant case (no operating agreement) would deny the Executor, as a mere assignee, the right to inspect the LLC’s financial and business records.

In granting the writ and reversing the trial court, the three judge panel consisting of Judges Belsome, Love and Lobrano in an Order dated February 9, 2017  opined:

“As the trial court misapplied the law in this case by ordering that the LLC provide financial records and other business documents to an assignee who is not a member, we find that the court abused its discretion in granting the motion to compel.  Accordingly the writ is granted and the trial court’s judgment is reversed.”

Kudos to the appellate team from Aaron & Gianna, PLC consisting of Bill Aaron, DeWayne Williams and Anna Rainer who obtained the reversal.

 

 

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