Elizabeth C. Eure v. Donald C. Eure

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

ELIZABETH C. EURE NO. 2021 CW 1061

VERSUS

DONALD C. EURE NOVEMBER 5, 2021

In Re: Donald C. Eure, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No.

116074.

BEFORE: WHIPPLE, C. J., PENZATO AND HESTER, JJ.

WRIT DENIED.

VGW

CHH

Penzato, J., concurs in part and dissents in part. I find
the trial court erred in its March 24, 2021 judgment denying the
defendant, Donald C. Eure' s, exception of res judicata, because
the plan administrator " qualified" the Domestic Relations Order
on November 4, 2020 pursuant to La. R. S. 9: 2801( B). Therefore,
the Order is a final judgment that cannot be modified. Pembo v.
Pembo, 2017- 1153 ( La. App. lst Cir. 6/ 28119), 280 So. 3d 656,
660- 61. Substantive amendments to judgments can be made only by
consent of the parties or after a party has successfully
litigated a timely application for new trial, an action for

nullity, or a timely appeal. Id. Accordingly, I would reverse

the portion of the trial court' s March 24, 2021 judgment which

denied the exception of res judicata filed by the defendant,
grant the exception of res judicata and dismiss the claims of

plaintiff, Elizabeth Eure, asserted in her rule to modify
domestic reiations order. I would deny as moot the remainder of
the writ as to the exception of unauthorized use of
summary
proceedings.

COURT OF APPEAL, FIRST CIRCUIT

IDEPUTY CLERK OF COURT
FOR THE COURT