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JENKINS v. JENKINS

No. 15871-CA.

441 So.2d 507 (1983)

Franklin Huey JENKINS, Plaintiff-Appellee, v. Judy Dianne Bennett JENKINS, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Writ Denied January 27, 1984.

Attorney(s) appearing for the Case

Blackwell, Chambliss, Hobbs & Henry by James A. Hobbs, West Monroe, for plaintiff-appellee.

McLeod, Verlander & Dollar by Robert P. McLeod, Monroe, for defendant-appellant.

Before PRICE, SEXTON and NORRIS, JJ.

NORRIS, Judge.

Judy Dianne Bennett Jenkins appeals a judgment of the trial court awarding a separation on the basis of mutual fault. Finding the ruling of the trial court to be erroneous as a matter of law, we reverse.

Franklin Huey Jenkins petitioned the court for a separation from his wife based on abandonment. Mrs. Jenkins reconvened against her husband seeking a separation on the grounds of constructive abandonment, habitual intemperance, and cruelty,...

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