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TADDONIO v. KINNEY-TADDONIO

No. 13274.

422 So.2d 1282 (1982)

Rudolph F. TADDONIO, Jr. v. Sherdeane KINNEY-TADDONIO.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied December 21, 1982.

Attorney(s) appearing for the Case

Anthony L. Glorioso, New Orleans, for Rudolph F. Taddonio.

Robert C. Lowe, Sessions, Fishman, Rosenson, Boisfontaine & Nathan, Terence L. Hauver, New Orleans, for Sherdeane Kinney-Taddonio.

Before REDMANN, GULOTTA and SCHOTT, JJ.

GULOTTA, Judge.

The issue in this appeal is whether a suit for divorce based on a continuous one year voluntary separation (LSA-R.S. 9:301) may be commenced where an appeal has been taken (is pending and not lodged) from a judgment of separation and a finding of mutual fault.

Relying on LSA-R.S. 9:302, which provides in pertinent part:

Judgment of divorce after judgment of separation; alimony; custody and care of children Where there has...

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