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Scamardo v. Dunaway

Court of Appeal of Louisiana, Fifth Circuit
May 31, 1994
638 So. 2d 466 (La. Ct. App. 1994)

Summary

In Scamardo v. Dunaway, 94-CA-97 (La.App. 5th Cir. 5/31/94), 638 So.2d 466, this court affirmed a judgment dismissing appellant's action for interference with the marital contract, because Louisiana law does not provide a cause of action for alienation of affection.

Summary of this case from Scamardo v. Dunaway

Opinion

No. 94-CA-97.

May 31, 1994.

APPEAL FROM TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, HONORABLE RONALD P. LOUMIET, J.

Robert C. Stern, Butler Stern, Metairie, for plaintiff-appellant.

Rebecca S. Oser, Covington, for defendant-appellee.

Before KLIEBERT, GAUDIN and GRISBAUM, JJ.


This is an appeal from a district court judgment dismissing appellant's claims for alienation of his wife's affections during the course of a now dissolved marriage. This state does not recognize such a cause of action. Until either the Supreme Court of Louisiana or the state legislature authorizes action such as this, it is clear that the trial judge correctly granted defendant's exception of no cause of action.

Appellant is to bear costs of this appeal.

AFFIRMED.


Summaries of

Scamardo v. Dunaway

Court of Appeal of Louisiana, Fifth Circuit
May 31, 1994
638 So. 2d 466 (La. Ct. App. 1994)

In Scamardo v. Dunaway, 94-CA-97 (La.App. 5th Cir. 5/31/94), 638 So.2d 466, this court affirmed a judgment dismissing appellant's action for interference with the marital contract, because Louisiana law does not provide a cause of action for alienation of affection.

Summary of this case from Scamardo v. Dunaway
Case details for

Scamardo v. Dunaway

Case Details

Full title:DONALD A. SCAMARDO v. HEBER E. DUNAWAY, JR., M.D

Court:Court of Appeal of Louisiana, Fifth Circuit

Date published: May 31, 1994

Citations

638 So. 2d 466 (La. Ct. App. 1994)

Citing Cases

Scamardo v. Dunaway

Appellant filed another lawsuit for interference with the marriage contract. In Scamardo v. Dunaway, 94-CA-97…