RUSSELL v. RUSSELL

No. 84-233.

465 So.2d 181 (1985)

Lillian Slay RUSSELL, Plaintiff-Appellant, v. Gerald L. RUSSELL, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

March 6, 1985.


Attorney(s) appearing for the Case

Broussard, Bolton & Halcomb, Roy S. Halcomb, Jr., Alexandria, for plaintiff-appellant.

Richard E. Lee, Alexandria, for defendant-appellee.

Before DOUCET, LABORDE and YELVERTON, JJ.


YELVERTON, Judge.

The issue in this partition of community property appeal is whether the summary judgment evidence was sufficient to support a summary judgment holding that Lillian Russell has no community property interest in the military retirement benefits of her former husband. We find that the summary judgment evidence was insufficient to make that determination, and so we set aside the judgment and remand the case for trial on the merits.

Gerald Russell...

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