No. 56294 Precedential Processed

Patorno v. Schillaci

Louisiana Supreme Court · Filed June 13, 1975 · 313 So. 2d 599

Also decided on this docket: La., June 13, 1975 313 So. 2d 599

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

In re: Ursula Patorno Schillaci, applying for Certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Jefferson. 310 So.2d 179 . Writ denied. On the facts found by Court of Appeal result is correct. TATE, J., dissents, being of the opinion that the denial of a separation on the ground of mutual fault is an illogical doctrine — mutual fault is all the more reason to grant both parties a separation. The legislature never established this doctrine. Being judicially created, the doctrine is subject to judicial re-evaluation.