Aymond v. Aymond

Supreme Court of Louisiana

Aymond v. Aymond

709 So. 2d 689, 1998 La. LEXIS 366, 1998 WL 49469

CourtSupreme Court of Louisiana

DecidedJanuary 30, 1998

DocketNo. 97-C-3154

StatusPublished

This text of 709 So. 2d 689 (Aymond v. Aymond) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aymond v. Aymond, 709 So. 2d 689, 1998 La. LEXIS 366, 1998 WL 49469 (La. 1998).

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Opinion

In re Aymond, Carol J., Jr.;—Plaintiffs); applying for writ of certiorari and/or review; Parish of Avoyelles, 12th Judicial District Court, Div. “B”, No. 96-2812-B; to the Court of Appeal, Third Circuit, No. CA97-0319.

Writ granted in part. The lower court’s judgments sustaining Mrs. Aymond’s exception of no cause of action is reversed in part. A portion of Mr. Aymond’s reconventional demand stated a cause of action pursuant to Civil Code article 2354. Actions brought pursuant to Civil Code article 2354 specifically fall under the exception to La.R.S. 9:291. Therefore, Mr. Aymond’s cause of action for alleged fraudulent management of community property is not barred by the spousal immunity statute. Otherwise, the writ is denied.

[690]*690JOHNSON, J., would deny the writ. KNOLL, J., not on panel; recused.

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In re Aymond, Carol J., Jr.;—Plaintiffs); applying for writ of certiorari and/or review; Parish of Avoyelles, 12th Judicial District Court, Div. “B”, No. 96-2812-B; to the Court of Appeal, Third Circuit, No. CA97-0319.

Writ granted in part. The lower court’s judgments sustaining Mrs. Aymond’s exception of no cause of action is reversed in part. A portion of Mr. Aymond’s reconventional demand stated a cause of action pursuant to Civil Code article 2354. Actions brought pursuant to Civil Code article 2354 specifically fall under the exception to La.R.S. 9:291. Therefore, Mr. Aymond’s cause of action for alleged fraudulent management of community property is not barred by the spousal immunity statute. Otherwise, the writ is denied.

[690]*690JOHNSON, J., would deny the writ. KNOLL, J., not on panel; recused.

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Bluebook (online)

709 So. 2d 689, 1998 La. LEXIS 366, 1998 WL 49469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aymond-v-aymond-la-1998.