ESPENAN v. ESPENAN

No. 11738.

403 So.2d 115 (1981)

Roger A. ESPENAN v. Margaret Gormley, Wife of Roger A. ESPENAN.

Court of Appeal of Louisiana, Fourth Circuit.

Concurring Opinion on Denial of Rehearing September 17, 1981.


Attorney(s) appearing for the Case

Seelig, Cosse & Frischhertz, Irvy E. Cosse, Jr. and David H. Seelig, New Orleans, for plaintiff-appellee.

Jesse S. Guillot, New Orleans, for defendant-appellant.

Before SAMUEL, SCHOTT and GARRISON, JJ.


SAMUEL, Judge.

This is an appeal by the mother from a judgment changing custody of a 3½ year old minor from herself to the father. The facts, in chronological order, are as follows:

On March 7, 1977 the husband filed a petition for separation. Judgment of separation was rendered by default in his favor on March 28, 1977. The judgment awarded the wife custody of the child and $50 semi-monthly for child support. Shortly thereafter the wife moved to Florida...

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