GRAHAM v. METZLER

No. 11373.

402 So.2d 768 (1981)

Bridget Mary GRAHAM v. Earl Leon METZLER, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 17, 1981.


Attorney(s) appearing for the Case

Edward K. Pinner, Sr., New Orleans, for plaintiff-appellant.

McPherson, Weber & Zainey, Jay C. Zainey, New Orleans, for defendant-appellee.

Before SAMUEL, GARRISON and CHEHARDY, JJ.


SAMUEL, Judge.

This is an appeal taken by the plaintiff wife from a judgment deleting an alimony award of $35 per week from a divorce judgment obtained by her. The basis for the appeal is that the trial judge did not have authority to alter the substance of a final judgment by summary procedure, and that the defendant's only relief was by ordinary action to nullify the judgment.

On June 29,1979, plaintiff filed a suit for divorce based on living separate and...

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