SARPY v. SARPY

No. 6334.

295 So.2d 192 (1974)

Theresa LoCicero SARPY v. Aaron Lester SARPY.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Refused September 13, 1974.


Attorney(s) appearing for the Case

James M. Lockhart, Jr., Metairie, Richard J. Ganucheau, New Orleans, for relator, Aaron Lester Sarpy.

Frank J. D'Amico, New Orleans, for respondent, Theresa LoCicero Sarpy.

Before SAMUEL, LEMMON and GULOTTA, JJ.


GULOTTA, Judge.

On application of Aaron Lester Sarpy, we granted an alternative writ to the trial judge to (a) either recall, vacate or set aside his judgment dated March 26, 1974 dismissing relator's exception of lis pendens to his wife's suit for separation on grounds of cruelty, or (b) to transmit the record to this court so that the validity of the judgment might be ascertained.

The basis of the exception of lis pendens is that a prior suit was pending...

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