Opinion
No. 98-CC-2062
September 25, 1998
IN RE: Buller, Timothy John; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of St. Landry 27th Judicial District Court Div. "C" Number 97-C-4767; to the Court of Appeal, Third Circuit, Number CW98-0707.
Denied.
CDT
PFC
WFM
CDK
JPV
JTK
LEMMON, J., dissents. While proof of intent to change domicile by written declaration according to La.Civ. Code art. 42 is irrefutable, proof of intent to change domicile may be proved by other evidence. The determination of intent to change domicile is almost entirely a question of fact. Here, the trial judge determined that relator intended to establish a domicile in St. Landry Parish, and there was evidence to support that finding. The court of appeal erred in reversing that purely factual finding.
JOHNSON, J., not on panel.