SUPERVISORY WRIT FROM THE FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 2016-3020 HONORABLE SHARON D.
WILSON, DISTRICT JUDGE
J., concurs in the result., Wilford D. Carter, Wilford Carter
Law, COUNSEL FOR APPLICANT: Preston L. Marshall,
A. Franco, Leigh Ann Schell, Jeffrey E. Richardson, Adams and
Reese LLP, COUNSEL FOR RESPONDENT: Adam P. Johnson, Edward
W. Lundy, Matthew E. Lundy, Rudie R. Soileau, Jr., T. Houston
Middleton IV, Daniel A. Kramer, Lundy, Lundy, Soileau &
South, L.L.P., COUNSEL FOR APPLICANT: Preston L. Marshall,
M. Sanchez Alexander L. Reed, The Sanchez Law Firm, L.L.C.,
COUNSEL FOR RESPONDENT: Elaine T. Marshall
Michael Reese Davis Tim P. Hartdegens, Hymel, Davis &
Petersen, L.L.C., COUNSEL FOR RESPONDENT: Elaine T. Marshall
Clemons Janet D. Madison, Todd Clemons & Associates,
APLC, COUNSEL FOR RESPONDENT: Elaine T. Marshall
Jeffrey W. Chambers, Chambers Law Firm, COUNSEL FOR
APPLICANT: Preston L. Marshall, Beneficiary/Harrier Trust
P. Lahad, Susman Godfrey LLP, COUNSEL FOR APPLICANT: Preston
L. Marshall, Beneficiary/Harrier Trust
Christopher J. Akin, COUNSEL FOR RESPONDENT: Elaine T.
composed of John D. Saunders, Marc T. Amy, and Billy H.
D. SAUNDERS JUDGE
Preston L. Marshall (Preston), in his capacity as beneficiary
of the Harrier Trust, seeks writs from two rulings by the
Fourteenth Judicial District Court, Calcasieu Parish, the
Honorable Anne Simon (Judge Simon), presiding ad hoc, and the
Honorable Sharon Darville Wilson (Judge Wilson), presiding.
seeks expedited review of the preliminary injunction entered
by Judge Wilson, enjoining him from participating in
litigation regarding administration of the Harrier Trust
outside of the Fourteenth Judicial District Court in
Louisiana. Preston has filed two supplements to the writ
application. The notice of intent and this writ application
were timely filed.
filed an unopposed motion to have part of the writ
application placed under seal. There are three motions for
leave to file supplemental briefs that have been referred to
OF THE CASE
matter arises out of the creation of the Harrier Trust in the
last will and testament of E. Pierce Marshall, Sr. (Pierce
Sr.), which is dated May 5, 2006. Pierce Sr. died on June 20,
2006, and succession proceedings were opened in Harris
County, Texas, by his spouse, Elaine, who is the executrix of
the estate and is the trustee of the Harrier Trust.
related to the Harrier Trust have been before this court on
three prior writ applications. Two appeals regarding the Harrier
Trust are pending.
litigation has been before this court on several other
matters. Further, a suit is pending in Dallas, Texas, and
four suits are pending in the Probate Court for Harris
Harrier Trust was set up for Preston's benefit. Elaine,
Preston's mother, alleges that Preston demanded certain
distributions from the Harrier Trust for his support,
maintenance, and welfare but refused to provide the
information necessary for Elaine to evaluate the request.
Elaine avers that any distributions of principal to Preston
are within her sole and absolute discretion under the
provisions of the Harrier Trust. Preston alleges he
instituted this litigation when his mother fired him from the
family business in July 2015.
October 12, 2015, within the Texas succession proceedings,
Preston filed the 401 Suit against Elaine in her capacity as
the executrix of Pierce Sr.'s will. It sought to compel a
statutory accounting by Elaine, to gain access to the books
and records of the Harrier Trust, and (as amended) to compel
Elaine to perform all duties required under the Harrier
October 29, 2015, Preston filed the 402 Suit seeking a
declaratory judgment against Pierce Jr. and Elaine. Preston
sought an order declaring that he was entitled to certain
disclosures regarding the Harrier Trust and an order
compelling Pierce Jr. and Elaine to make those disclosures.
19, 2016, Preston sought an injunction against Elaine in
Texas. In response, Elaine began the litigation regarding the
Harrier Trust in Louisiana by filing a petition for
declaratory relief on July 22, 2016. She alleged that
Preston's actions prevented her from presenting her
accounting for approval and sought guidance for the
performance of her obligations under the Harrier Trust.
Elaine also sought a declaration that a judgment rendered in
Wyoming in the matter captioned "In the Matter of EPM
Fiduciary Service Company, LLC, Trustee" was entitled to
full faith and credit in Louisiana.
intervened in the Louisiana suit and asserted exceptions of
lis pendens, improper venue, and lack of subject matter
jurisdiction, which were denied by the trial court. This
court denied Preston's writ application.
filed a motion for partial summary judgment seeking approval
of the December 2016 appointment of Alexander, Johnson, Dr.
Wayne S. Thompson, Judge Lilynn Cutrer (Fourteenth Judicial
District Court), and Dr. Karen Aucoin as co-trustees of the
Harrier Trust. The hearing of that motion was stayed by Judge
Wilson after Preston obtained injunctive relief that enjoined
Elaine from taking any action with the co-trustees regarding
the Harrier Trust outside of the Texas court and suspending
the trustee powers, obligations, responsibilities and rights
to compensation. The Texas court found that "Preston
ha[d] demonstrated a likelihood of success on the
September 29, 2017, Preston sought a TRO and other injunctive
relief as well as a declaration that the appointment of the
five purported co-trustees violated the terms of the Harrier
and Falcon Trusts. (The 404 Suit.) In the 404 Suit, Preston
obtained an order compelling the production of certain
documents prepared by Johnson (the Johnson Documents). In
Louisiana, the co-trustees obtained a protective order
regarding the Johnson Documents.
November 7, 2017, the Texas court issued a temporary
injunction enjoining the purported co-trustees from
"[a]ttempting to circumvent the Court's jurisdiction
over the Harrier and Falcon Trust[s] by 1) seeking validation
of the compensation provisions. . ." The Texas court
made a specific finding of fact that "[t]he Louisiana
lawsuit is a threat to the proper jurisdiction" of the
Texas court. Nonetheless, Johnson and Alexander had their
motion for partial summary judgment put back on the docket,
and Judge Wilson granted it by judgment signed January 11,
2018. That judgment is the subject of a pending appeal in
court vacated a TRO enjoining Preston and anyone acting in
concert with him from filing, proceeding with, or
participating in any litigation or proceeding related to the
administration of the Harrier Trust outside of the Louisiana
court. This court's ruling was based on the finding that
Alexander and Johnson and the trial court failed to comply
with the requirements of La.Code Civ.P. arts. 3603 and 3604.
sought to recuse Judge Wilson because she is presiding over
this case which involves another judge from the Fourteenth
Judicial District Court, Judge Cutrer, who was made a
co-trustee of the Harrier Trust. According to ...