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PLACIDE v. PLACIDE

No. 8500.

408 So.2d 330 (1981)

Florence Comeaux PLACIDE, Plaintiff-Appellee, v. Herbert PLACIDE, Jr., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

December 16, 1981.

Attorney(s) appearing for the Case

Simon & Dauterive, J. Minos Simon, Lafayette, for defendant-appellant.

Roy, Forrest & Lopresto, Alex A. Lopresto, III, New Iberia, for plaintiff-appellee.

Before CULPEPPER, CUTRER and STOKER, JJ.

STOKER, Judge.

When a husband is tortiously injured during marriage and the parties become judicially separated, to what portion of the husband's recovery in his tort action is the wife entitled in a partition of the community property? The trial court decided the case under Louisiana Civil Code article 2402 and 2334 as these articles formerly read.1 The trial court held the former wife was entitled to one-half of the tort recovery.

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