Labat v. Gautreaux

119 So. 2d 853, 239 La. 760, 1960 La. LEXIS 974
CourtSupreme Court of Louisiana
DecidedApril 25, 1960
DocketNo. 44906
StatusPublished

This text of 119 So. 2d 853 (Labat v. Gautreaux) 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
Labat v. Gautreaux, 119 So. 2d 853, 239 La. 760, 1960 La. LEXIS 974 (La. 1960).

Opinion

McCALEB, Justice.

This is a divorce proceeding in which plaintiff was awarded the care, custody and control of the two minor children of the marriage, Ralph C. and Mark Anthony Labat. From this judgment, defendant was granted “a suspensive and, in the alternative, a devolutive appeal” which plaintiff has moved to dismiss insofar as it stays execution.

Defendant has acquiesced in plaintiff’s motion, which is well founded under the well-settled jurisprudence of this Court. See Kaufman v. Kaufman, 239 La. 500, 118 So.2d 901, and the authorities there cited.

Accordingly, the appeal is dismissed insofar as it suspends the execution of the order awarding plaintiff the custody of his children. In other respects, the appeal remains in full force and effect.

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Related

Kaufman v. Kaufman
118 So. 2d 901 (Supreme Court of Louisiana, 1960)

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Bluebook (online)
119 So. 2d 853, 239 La. 760, 1960 La. LEXIS 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labat-v-gautreaux-la-1960.