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NAPOLI v. NAPOLI

No. CM 88 1174.

536 So.2d 839 (1988)

Victor A. NAPOLI v. Frances Montgomery NAPOLI.

Court of Appeal of Louisiana, First Circuit.

December 20, 1988.

Attorney(s) appearing for the Case

Veronica P. Martzell, New Orleans, for plaintiff-appellee Victor A. Napoli.

R. Barry Marioneaux, Plaquemine, for defendant-appellant Frances Montgomery Napoli.

Before WATKINS, CRAIN and ALFORD, JJ.

CRAIN, Judge.

Appellee, Victor Napoli, has moved to dismiss his wife's appeal from the judgment granting appellee a divorce under Louisiana Revised Statutes Title 9, section 301 on the grounds of living separate and apart for one year. He contends his wife confessed judgment in the proceedings below and is therefore precluded from appealing the judgment under Louisiana Code of Civil Procedure article 2085.

The record on appeal has not yet been lodged with...

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