APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 778-797 C/W 784-146,
DIVISION "I" HONORABLE NANCY A. MILLER, JUDGE
COUNSEL FOR PLAINTIFF/APPELLANT, CALVIN J. GAMBINO, JR. AND
CYNTHIA A. GAMBINO, CURATORS FOR EUNICE L. GAMBINO M.
Elizabeth Bowman Christy M. Howley.
COUNSEL FOR DEFENDANT/APPELLEE, CALVIN J. GAMBINO, SR. Don C.
composed of Judges Fredericka Homberg Wicker, Jude G.
Gravois, and Stephen J. Windhorst
STEPHEN J. WINDHORST, JUDGE.
Calvin J. Gambino, Jr. and Cynthia A. Gambino, as curators
for Eunice L. Gambino, appeal the trial court's January
9, 2019 judgment denying their "Petition to Nullify Act
of Donation." For the reasons that follow, we dismiss
this appeal for lack of jurisdiction.
HISTORY AND FACTS
Calvin J. Gambino, Sr., and Eunice L. Gambino were married in
1952 and they had ten children: Calvin J. Gambino, Jr., David
J. Gambino, Cynthia A. Gambino, Laurie Gambino Kraemer, Joy
Gambino Landry, Anthony J. Gambino, Catherine Gambino Rando,
Linda Gambino Gunn, and Brad Joseph Gambino. Appellee and
Eunice had one child predecease them, Tina M. Gambino.
August 16, 2017, appellee executed a Donation Inter
Vivos in favor of his son, Brad Joseph Gambino, of 94.67
acres of immovable property in St. Tangipahoa Parish.
December 19, 2017, Calvin J. Gambino, Jr. and Cynthia A.
Gambino, along with six siblings filed a petition to
interdict their mother, Eunice L. Gambino, contending that
she had advanced dementia and Alzheimers. At the same time,
the siblings also filed a petition to interdict their father,
Calvin J. Gambino, Sr. Brad Joseph Gambino did not join in
either petition to interdict his parents. The trial court
dismissed the petition to interdict their father, Calvin J.
Gambino, Sr., but granted the petition to interdict their
mother, Eunice L. Gambino, on January 1, 2018. A consent
judgment was entered into whereas it was agreed that Calvin
J. Gambino, Jr. and Cynthia A. Gambino would serve as
curators, and Calvin J. Gambino, Sr. would serve as
undercurator of Eunice L. Gambino.
24, 2018, Calvin J. Gambino, Jr. and Cynthia A. Gambino as
curators for Euncie L. Gambino filed a "Petition to
Terminate Community Property Regime, and to Annul
Donations." In the petition, the curators alleged that
the August 16, 2017 donation of immovable property in
Tangipahoa Parish executed by Calvin J. Gambino, Sr. to Brad
Joseph Gambino was invalid because the immovable property was
community, and because Eunice L. Gambino did not have
capacity to consent to the donation due to her medical
condition and she did not join in the written donation.
September 24, 2018, the curators filed a "First
Supplemental Petition to Terminate Community Property Regime,
and to Annul Donations." Calvin J. Gambino, Sr. and Brad
Joseph Gambino were named defendants in the petitions. In the
petitions, the curators requested that there be judgment in
favor of the curators for Eunice L. Gambino and against the
defendants (1) declaring certain items attached to the
petitions to be deemed community property; (2) annulling the
donation of immovable property dated August 16, 2017 from
Calvin J. Gambino, Sr. to Brad Joseph Gambino; (3) annulling
all possible donations of cattle or farm equipment owned by
Calvin J. Gambino, Sr. and Eunice L. Gambino to Brad Joseph
Gambino from 2014 forward; (4) annulling the donation of
½ interest in CD account number ending in #2562 in the
amount of $103, 942.00; or in the alternative (5) awarding an
amount to adequately compensate Eunice L. Gambino for her
one-half interest in the community. The petitions also
requested a rule to show cause why the community property
regime should not be terminated. On October 18, 2018, Calvin
J. Gambino, Sr. filed an answer to the petitions and a
reconventional demand against the curators for Eunice L.
Gambino. On November 8, 2018, the curators filed an answer
and opposition to the reconventional demand.
November 14, 2018, the parties appeared before the trial
court on the curators claim to annul the August 16, 2017
donation of immovable property by Calvin J. Gambino, Sr. to
Brad Joseph Gambino. On January 9, 2019, the trial court
rendered judgment stating:
After hearing the arguments of the parties, reviewing all
memoranda, the pleadings and facts and considering the law
and the evidence, the Court finds: Mr. Gambino, Sr. presented
credible testimony, supported by corroborating evidence,
sufficient to overcome the presumption of community. The