Kelly O. Orgeron v. Edward J. Orgeron, Jr.
Kelly O. Orgeron v. Edward J. Orgeron, Jr., No. 2020CW1155, 2020CW1158 (La. Ct. App. 1st Cir. Jan. 25, 2021).
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
KELLY 0. ORGERON NO. 2020 CW 1155
VERSUS CONSOLIDATED WITH
EDWARD J. ORGERON, JR. NO. 2020 CW 1158
JANUARY 25, 2021
In Re: Kelly 0. 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 0. 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