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GARRETT v. EARNEST

No. 10690.

376 So.2d 623 (1979)

Effie GARRETT, Individually and on Behalf of her Minor Children, Francella Regina Garrett, Patrick O. Garrett and Newland Garrett, Jr. v. Ed EARNEST and State Farm Mutual Automobile Ins. Co.

Court of Appeal of Louisiana, Fourth Circuit.

October 10, 1979.

Attorney(s) appearing for the Case

Orlando G. Bendana and Wayne H. Carlton, Jr., New Orleans, for plaintiffs-appellants.

Sessions, Fishman, Rosenson, Snellings & Boisfontaine, Owen A. Neff, New Orleans, for defendants-appellees.

Before REDMANN, LEMMON and BOUTALL, JJ.

LEMMON, Judge.

Mrs. Effie Garrett has appealed from a judgment which maintained several pre-trial exceptions and dismissed her suit for damages on behalf of her minor children. The principal issue is whether a tortfeasor may question the procedural capacity of a mother who is living separate and apart from the father without a judgment of separation or divorce and who obtains an appointment as provisional tutrix authorized to present the children's tort claim.

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