SUCCESSION OF ROBERT DANIEL HYDE JR v. << (2022)

While this case concerns complex factual and legal issues, I would grant and docket this matter to consider the six issues presented by the writ application and the lower court opinion: (1) whether renunciation can ever be done in favor of someone who is not the naked owner; (2) whether renunciation of a usufruct has a contemporaneousness requirement; (3) whether a partial renunciation of a usufruct is still prohibited by this Court's traditional approach under Judice v. Provost, 18 La.Ann. 601 (1866); (4) whether partial renunciation of a usufruct, if possible, requires a court order as stated in Comment (c) to La. C.C. art. 626; (5) whether renunciation of a usufruct must be done with the funds or property in the usufruct; and (6) whether, or to what extent, the law of usufruct controls situations when usufruct law and co-ownership law conflict.

GRIFFIN, J., would grant and docket and assigns reasons.