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Orgeron v. Orgeron

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jan 25, 2021
NO. 2020 CW 1155 (La. Ct. App. Jan. 25, 2021)

Opinion

NO. 2020 CW 1155 C/W NO. 2020 CW 1158

01-25-2021

KELLY O. ORGERON v. EDWARD J. ORGERON, JR.


In Re: Kelly O. Orgeron and Edward J. Orgeron, Jr., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 2020-11929. BEFORE: GUIDRY, McCLENDON, AND LANIER, JJ.

WRIT GRANTED IN PART, DENIED IN PART. We reverse the portion of the October 14, 2020 judgment which transferred plaintiff's, Kelly O. Orgeron, claims for spousal support and partition of community property to the Family Court in East Baton Rouge. Based on the showing made, we find the trial court erred in transferring plaintiff's action under La. Code Civ. P. art. 74.2(E) which, in pertinent part provides, that the trial court may transfer a proceeding for support for the convenience of the parties, witnesses and in the interest of justice. Moreover, this Article does not affect actions for partition of community property. Accordingly, the motion to transfer plaintiff's claims for spousal support and partition of community property is denied. The writ application is denied as to the portion of the trial court's October 14, 2020 judgment which denied the exception of lis pendens.

JMG

PMc

WIL

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

Orgeron v. Orgeron

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jan 25, 2021
NO. 2020 CW 1155 (La. Ct. App. Jan. 25, 2021)
Case details for

Orgeron v. Orgeron

Case Details

Full title:KELLY O. ORGERON v. EDWARD J. ORGERON, JR.

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Jan 25, 2021

Citations

NO. 2020 CW 1155 (La. Ct. App. Jan. 25, 2021)