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Manichia v. Mahoney

Louisiana Court of Appeal

45 So. 3d 618 (2010)

Facts

Mr. Manichia (plaintiff) made an irrevocable inter vivos gift of a tract of land and its buildings to his niece, Ms. Mahoney, and his nephew, Mr. Garell. The donation was properly executed via authentic act, notarized, and witnessed. At the time of the gift, Mr. Manichia retained property for himself that amounted to nearly $170,000 in value. A few years after the gift, Mr. Manichia sought to have the gift nullified and brought suit against Ms. Mahoney and Mr. Garell. Mr. Manichia alleged that he could no longer support himself financially and that the gift therefore violated Louisiana state law that required donors to retain enough property to provide for their own subsistence. The trial court granted Ms. Mahoney and Mr. Garell’s motion for summary judgment. Mr. Manichia appealed.

Rule of Law

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Issue

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Holding and Reasoning (Lombard, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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