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McDANIEL v. McDANIEL

No. 83-CA-422.

441 So.2d 353 (1983)

Gertrud Eberhardt McDANIEL v. Beach McDANIEL.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied December 19, 1983.

Writ Denied February 27, 1984.

Attorney(s) appearing for the Case

Frank P. Tranchina, Jr., Law Office of Guy W. Olano, Jr., Kenner, for Gertrud Eberhardt McDaniel, plaintiff-appellant.

A.D. Freeman of Satterlee, Mestayer & Freeman, New Orleans, Don Almerico, Destrehan, for Beach McDaniel, defendant-appellee.

Before BOUTALL, CHEHARDY and BOWES, JJ.

BOUTALL, Judge.

This case concerns a former wife's action to rescind a community property settlement on the grounds of lesion. The trial court sustained the former husband's peremptory exception of res judicata and the former wife has appealed. We reverse and remand.

Appellant Gertrud E. McDaniel (hereinafter Mrs. McDaniel) and appellee Beach McDaniel were divorced by Arkansas decree in October 1976. The parties...

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