Kelly O. Orgeron v. Edward J. Orgeron, Jr.

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

COURT OF APPEAL, FIRST CIRCUIT

D T CLERK OF COURT

FOR THE COURT