Background
Kevin Douglas McCleary, acting as testamentary independent executor in the succession of Barbara June Ivy Watts McCleary, applied for supervisory writs concerning proceedings in the Nineteenth Judicial District Court for East Baton Rouge Parish.
The application omitted required materials, including any district-court opposition and its attachments or a statement that no opposing written document had been filed. It also lacked the transcript and evidence from the June 22, 2026 hearing and did not provide corresponding page numbers for all attachments.
The Court’s Holding
The Louisiana First Circuit declined to consider the writ application because it did not comply with Rules 4-5(C)(9) and 4-5(B) of the Uniform Rules of Louisiana Courts of Appeal. The court did not address the merits of the underlying succession dispute.
The court stated that it would not consider supplementation or rehearing. McCleary may instead file a new, fully compliant application by November 4, 2026, including all pertinent documentation, the missing materials, and a copy of the ruling.
Key Takeaways
- A supervisory-writ application must include any opposition and attachments filed below, or state that no opposing written document was filed.
- The applicant must supply the relevant hearing transcript and admitted evidence when the appellate court requires them.
- Because supplementation and rehearing were unavailable, the applicant’s remedy was to submit a new compliant application by the court-imposed deadline.
Why It Matters
The ruling underscores that Louisiana appellate courts may decline to review a supervisory-writ application without reaching its merits when the submission lacks required records or properly indexed attachments. Counsel seeking writ review should verify the application against every applicable filing requirement before submission.