No. 82-C-0268 Precedential Processed

Davis v. Davis

Louisiana Supreme Court · Filed September 13, 1982 · 420 So. 2d 432

Also decided on this docket: La., February 12, 1982 411 So. 2d 47

Cited by

Raleigh Newman v. Hoffoss and Devall, LLC La. Ct. App. 3d Cir. 2021
Burkart v. Burkart 71 So. 3d 532 La. Ct. App. 1st Cir. 2011
Hendrick v. Hendrick 470 So. 2d 449 La. Ct. App. 1st Cir. 1985
Sample v. Sample 423 So. 2d 106 La. Ct. App. 1st Cir. 1982

Opinion text

MARCUS, Justice (dissenting). The community was dissolved by the legal separation. Article 149 of the Civil Code permits an injunction only “[djuring the suit for separation.” Article 3944 does not apply because the wife is no longer a party to an action for separation and she is not a party to an action for divorce. Hence, I consider that the pre-separation injunctions were terminated by the judgment of separation. I consider that the wife is relegated to the provisions on injunction in the Code of Civil Procedure, art. 3601, et seq. Accordingly, I respectfully dissent.