SHEL-BOZE, INC. v. MELTON

No. 86 CA 0590.

509 So.2d 106 (1987)

SHEL-BOZE, INC. v. David MELTON and David Melton General Contracting Company, Inc., and Mildred "Robin" Melton.

Court of Appeal of Louisiana, First Circuit.

Dissenting Opinion June 23, 1987.


Attorney(s) appearing for the Case

James R. Coxe, III, C. Glenn Westmoreland, Baton Rouge, for plaintiff-appellant Shel-Boze, Inc.

Donna Wright Lee, Lee & Frost, Baton Rouge, for plaintiff-in-reconvention-appellee Mildred "Robin" Melton.

Before EDWARDS, WATKINS and LeBLANC, JJ.


WATKINS, Judge.

This case arises from the garnishment of a wife's wages to enforce an obligation incurred by her husband during the existence of the community property regime. Because the wages were community property when the garnishment judgment was rendered, the trial court's award of general damages and attorney's fees for wrongful garnishment was inappropriate. However, because the community was subsequently terminated by a judgment of separation, the former...

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