SUPERVISORY WRIT FROM THE FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 2015-3683 HONORABLE RONALD F. WARE,
Wilford D. Carter Wilford Carter Law, LLC COUNSEL FOR OTHER
RESPONDENT: Preston L. Marshall
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 OTHER RESPONDENT: Preston L.
Jeffrey W. Chambers Chambers Law Group COUNSEL FOR OTHER
RESPONDENT: Preston L. Marshall
M. Sanchez Alexander L.H. Reed The Sanchez Law Firm, L.L.C.
COUNSEL FOR OTHER APPLICANT: Elaine T. Marshall
Michael Reese Davis Tim P. Hartdegen Hymel Davis &
Petersen, LLC COUNSEL FOR OTHER APPLICANT: Elaine T. Marshall
S. Clemons Janet D. Madison Todd Clemons & Associates A
Professional Law CorporationCOUNSEL FOR OTHER APPLICANT: Dr.
Stephen D. Cook
composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R.
Cooks, and John D. Saunders, Judges.
D. SAUNDERS JUDGE
Elaine T. Marshall (Elaine) and Dr. Stephen D. Cook (Dr.
Cook), as co-trustees of the Marshall Legacy Foundation (the
Legacy trust), seek supervisory writs from the judgment of
the Fourteenth Judicial District Court, Parish of Calcasieu,
the Honorable Ronald F. Ware presiding, which denied their
exception of res judicata filed in response to claims
asserted in federal court by Preston L. Marshall (Preston).
The ruling was rendered in open court on April 2, 2019, by
the Honorable Ronald F. Ware, presiding. Following the denial
of the exception, Elaine filed a motion to recuse Judge Ware,
Division H. After several recusals, the motion was finally
assigned to Judge Canaday, Division G. Elaine now seeks
additional supervisory review of the trial court's
allotment of the motion.
OF THE CASE
matter arises out of the succession of E. Pierce Marshall,
Sr. (Pierce Sr.), who died in 2006. The litigation regarding
the Marshall family fortune includes suits filed in both
state and federal courts of Louisiana, as well as in Texas
2011, Elaine set up the Peroxisome Trust, a Louisiana
Irrevocable trust. Preston and his brother, Pierce, Jr. were
named co-trustees and co-remainder beneficiaries of the
trust. Also named as beneficiary of the Peroxisome Trust was
the Marshall Heritage Foundation (the Heritage trust). Pierce
Sr. was the sole trustee of the Heritage trust from its
foundation in 1995, until the trust instrument was amended to
name Dr. Cook as its sole trustee in 1997. In 2007, Dr Cook
appointed Elaine, Preston, and Pierce Jr. as his co-trustees
of the Heritage trust. A designated annuity was to be paid to
the Heritage trust over twenty years, and the remainder was
to be divided between Preston and Pierce Jr.
dispute giving rise to the issue in this Writ Application
arose upon the division of the Heritage trust. Upon request
by Elaine, the trial court ordered that the Heritage trust be
divided into two foundations: the first to remain the
Marshall Heritage Foundation (the Heritage trust), and the
second to be called the Marshall Legacy Foundation (the
Legacy trust). The Legacy trust was to be governed by Elaine,
Dr. Cook, and Preston, as co-trustees. However, Preston took
issue with the classification of the ...