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LAROCCA v. LAROCCA

No. 91-C-1446.

597 So.2d 1000 (1992)

Carlo LAROCCA v. Isabelle F. LAROCCA and Beverly Ann Matheson.

Supreme Court of Louisiana.

April 20, 1992.

Attorney(s) appearing for the Case

Stephen A. Berniard, Jr. and Lee A. Gallaspy, Raggio, Cappel, Chozen & Berniard, Lake Charles, for defendant-applicant.

William J. Riley, III, Arnette & Riley, Jennings, for plaintiff-respondent.

CALOGERO, Chief Justice.

This case presents an unusual legal question: does a divorce proceeding with an incidental property action for revocation of a spousal donation abate upon the death of the donor spouse, or may the succession representative of the deceased continue to litigate the matter because of the property interest of the deceased spouse's heirs? Mrs. Isabelle Larocca died while her appeal of the divorce judgment was pending and her succession's executrix...

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