Moore v. Moore

Louisiana Court of Appeal

Moore v. Moore

184 So. 2d 761, 1966 La. App. LEXIS 5383

CourtLouisiana Court of Appeal

DecidedMarch 23, 1966

DocketNo. 10531

StatusPublished

This text of 184 So. 2d 761 (Moore v. Moore) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moore v. Moore, 184 So. 2d 761, 1966 La. App. LEXIS 5383 (La. Ct. App. 1966).

Pincite

Opinion

GLADNEY, Judge.

The plaintiff, Jeannene D. Moore, a resident of Caddo Parish, Louisiana, filed this suit for a judgment of separation from bed and board, for alimony pendente lite and custody of the three minor children, issue of the marriage. A rule nisi issued and alimony was fixed, as per an agreement between the parties in the sums of $15.00 per week for plaintiff, and $31.00 per week for the support of the children. The defendant answered and filed a reconventional demand for a divorce on the grounds of adultery. After trial defendant was granted a judgment of divorce, a vinculo matrimoni, plaintiff was awarded the custody of the children and defendant was directed to pay $31.00 per week for the support of the children. Plaintiff has appealed and defendant in brief seeks damages as for frivolous appeal.

The amount awarded for support is the only issue which confronts this court. Absent an abuse of discretion the determination of the trial court should not he disturbed. This record does not suggest such an abuse, but to the contrary, this issue was presented to the trial court on two occasions and in both instances its decrees conformed to the voluntary agreement of the parties.

The judgment of the district court is affirmed, costs of this appeal to be paid by the appellant.

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GLADNEY, Judge.

The plaintiff, Jeannene D. Moore, a resident of Caddo Parish, Louisiana, filed this suit for a judgment of separation from bed and board, for alimony pendente lite and custody of the three minor children, issue of the marriage. A rule nisi issued and alimony was fixed, as per an agreement between the parties in the sums of $15.00 per week for plaintiff, and $31.00 per week for the support of the children. The defendant answered and filed a reconventional demand for a divorce on the grounds of adultery. After trial defendant was granted a judgment of divorce, a vinculo matrimoni, plaintiff was awarded the custody of the children and defendant was directed to pay $31.00 per week for the support of the children. Plaintiff has appealed and defendant in brief seeks damages as for frivolous appeal.

The amount awarded for support is the only issue which confronts this court. Absent an abuse of discretion the determination of the trial court should not he disturbed. This record does not suggest such an abuse, but to the contrary, this issue was presented to the trial court on two occasions and in both instances its decrees conformed to the voluntary agreement of the parties.

The judgment of the district court is affirmed, costs of this appeal to be paid by the appellant.

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Bluebook (online)

184 So. 2d 761, 1966 La. App. LEXIS 5383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-moore-lactapp-1966.