No. 98-CC-2062 Precedential Processed

Buller v. Buller

Louisiana Supreme Court · Filed September 25, 1998 · 725 So. 2d 493

Opinion text

LEMMON, J. dissents. While proof of intent to change domicile by written declaration according to La. Civ.Code art. 42 is irrefutable, proof of intent to change domicile may be proved by other evidence. The determination of intent to change domicile is almost entirely a question of fact. Here, the trial judge determined that relator intended to establish a domicile in St. Landry Parish, and there was evidence to support that finding. The court of appeal erred in reversing that purely factual finding.