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POIRIER v. POIRIER

No. 93-91.

626 So.2d 868 (1993)

Lynette F. POIRIER, Plaintiff-Appellee, v. Fernest J. POIRIER, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 16, 1993.

Attorney(s) appearing for the Case

Allan Leland Durand, Lafayette, for Lynette F. Poirier.

Ronald Menville, New Iberia, for Fernest J. Poirier.

Before YELVERTON, KNOLL and THIBODEAUX, JJ.

KNOLL, Judge.

This appeal concerns the validity of a community property settlement between Lynette F. Poirier (Lynette) and Fernest "Sonny" Poirier (Sonny) which they executed in contemplation of divorce. The trial court ruled in favor of Lynette, finding that: (1) the partition had not been adjudicated; therefore the exception of res judicata did not apply; and (2) the partition was lesionary.

FACTS

On October 4, 1989, the Poiriers signed a document...

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