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ST. PIERRE v. ST. PIERRE

No. 82 CA 0279.

425 So.2d 254 (1982)

Yvette B. ST. PIERRE v. Jeremiah J. ST. PIERRE.

Court of Appeal of Louisiana, First Circuit.

December 21, 1982.

Attorney(s) appearing for the Case

Remy Chiasson, Thibodaux, for plaintiffappellee Yvette B. St. Pierre.

Carlton J. Cheramie, Diaz & Cheramie, Golden Meadow, for defendant-appellant Jeramiah J. St. Pierre.

Before COVINGTON, LEAR and LANIER, JJ.

LEAR, Judge.

Plaintiff, Yvette B. St. Pierre, filed a rule for occupancy of the family home pending partition of the former community under the provisions of LSA-R.S. 9:308. After a hearing on plaintiff's rule, the trial court found that plaintiff was entitled to the use of the family home pending partition. This appeal resulted.

LSA-R.S. 9:308 provides, in pertinent part, as follows:

"In such cases [a spouse petitioning for use and occupancy of the...

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