Melanie Corinne Ritter v. Linda Broadwell Kirby Ritter

── Melanie Corinne Ritter v. Linda Broadwell Kirby Ritter ── Court: Louisiana Court of Appeal Date: May 20, 2026 Author: PITMAN Category: General Judgment rendered May 20, 2026. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. No. 56,860-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA ***** MELANIE CORINNE RITTER, ET AL Plaintiffs-Appellants versus LINDA BROADWELL KIRBY RITTER Defendant-Appellee ***** Appealed from the Fifth Judicial District Court for the Parish of Richland, Louisiana Trial Court No. 49666-C Honorable Stephen Gayle Dean, Judge ***** LAW OFFICE OF ANTHONY J. BRUSCATO Counsel for Plaintiffs- By: Anthony J. Bruscato Appellants, Melanie Corinne Ritter and Deborah Louise Ritter BENJAMIN F. MARSHALL, IV & ASSOCIATES Counsel for Defendant- By: Benjamin F. Marshall, IV Appellee ***** Before PITMAN, HUNTER, AND MARCOTTE, JJ. MARCOTTE, J This civil appeal arises from the Fifth Judicial District Court, Parish of Richland, the Honorable Stephen G. Dean presiding. Plaintiffs, Melanie Corinne Ritter (“Melanie”) and Deborah Louise Ritter (“Deborah”), daughters of the decedent, and Thomas Clifton Ritter (“Mr. Ritter”), appeal the trial court’s judgment granting an exception of no right of action filed by defendant, Linda Broadwell Kirby Ritter (“Linda”), the surviving spouse of the decedent. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY This matter arises out of a dispute over ownership interests in a 360- acre tract of land in Richland Parish, Louisiana (the “subject property”). Mr. Ritter conveyed his interest in the subject property to Linda via quitclaim deed dated August 9, 2016, and recorded in the Richland Parish conveyance records on October 2, 2018. Mr. Ritter died on October 4, 2018, leaving a will in notarial form dated August 9, 2016, which named Linda as his sole legatee. Specifically, Mr. Ritter’s will provided that he bequeathed to his wife “all [his] property, both real and personal, of whatever kind or nature, and wherever situated to have and to hold in full and complete ownership.” Melanie and Deborah were not named in his will. A succession was filed in Ouachita Parish in which Linda was recognized as the sole legatee of the decedent, and all the decedent’s property, both separate and community, was conveyed to her by way of a judgment of possession signed January 6, 2019. On April 26, 2024, Melanie and Deborah filed a petition asserting an ownership interest in the subject property. The defendant responded by asserting exceptions of vagueness, no cause of action, and prescription. On February 26, 2025, the trial court granted the exception of vagueness and permitted plaintiffs 15 days to file an amended petition clarifying their position. On March 25, 2025, Melanie and Deborah filed an amended petition asserting that the quit claim deed was in fact a “donation in disguise” and ineffective because Linda was not identified and because it was not accepted during the lifetime of the decedent. On April 7, 2025, Linda filed peremptory exceptions of no cause of action, no right of action, and prescription. She claimed that even if the quit claim deed was not in proper form, the subject property duly passed to her as the sole, universal legatee of the decedent’s pro