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ELLIOTT v. ELLIOTT

No. 83-981.

458 So.2d 634 (1984)

Harold E. ELLIOTT, Plaintiff-Appellee, v. Barnie Bundy ELLIOTT, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

November 7, 1984.

Attorney(s) appearing for the Case

Barnie Bundy Elliott, in pro. per.

Provosty, Sadler & deLaunay, H. Brenner Sadler, Alexandria, for plaintiff-appellee.

Before GUIDRY, STOKER and YELVERTON, JJ.

GUIDRY, Judge.

On August 2, 1983, Harold E. Elliott was granted a divorce from Barnie Bundy Elliott on the basis of their living separate and apart for one year. From that judgment, defendant perfects this appeal. Plaintiff-appellee timely answered the appeal praying for damages for the filing of a frivolous appeal.

La.R.S. 9:301 provides as follows: "When the spouses have been living separate and apart continuously for a period of one year or more...

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