The 3rd Circuit Court of Appeal on Wednesday declined to rehear a case pitting two sides of the family behind the David Mortuary chain of funeral homes in Iberia, Lafayette and Vermilion parishes. The case revolved around an attempt by half of the members of the limited liability company that operates the funeral homes to expel the other half. The half that got expelled has won at both the district and appeals-court levels. An attorney for the losing side told ABiz a couple of weeks ago that if the 3rd Circuit declined to rehear the case, he would file a writ application with the Louisiana Supreme Court.
From an earlier ABiz report on the case:
Half of the David Funeral Home family — Richard David, his son Lance David and Kelly David Perkins, Richard’s daughter — awaits a rehearing request with the 3rd Circuit Court of Appeal, which ruled recently in favor of Danny David Sr., who co-founded David Mortuary Inc. with his parents, Dennis and Cora Mae David, in 1969. At issue before the appeals court was the membership of the limited liability company that now operates seven funeral homes in New Iberia, Lafayette, Erath, Youngsville, Abbeville, Jeanerette and Loreauville. Danny David Sr. and Richard David are brothers. A third brother, Royal David, is on the Danny Sr. side of the litigation.
At the heart of the case was a pair of clandestine meetings held last summer during which Richard, Lance and Kelly removed Danny Sr., Danny Jr. and Royal as officers of the limited liability company. Danny Sr. et al held a meeting of their own to amend the Richard-Lance-Kelly amendments. The former sued but a trial court ruled in favor of Danny Sr., Danny Jr. and Royal.
Read the original story, “Funereal family feud spills into court,” by clicking here. http://theind.com/article-23635-Funereal-family-feud-spills-into-court.html