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KIMBALL v. KIMBALL

No. 93 CA 1364.

637 So.2d 779 (1994)

David KIMBALL v. Barbara Ledet KIMBALL.

Court of Appeal of Louisiana, First Circuit.

May 20, 1994.

Attorney(s) appearing for the Case

R. Loren Kleinpeter, Baton Rouge, for plaintiff-appellee David Kimball.

Celia R. Cangelosi, Baton Rouge, for defendant-appellant Barbara L. Kimball.

Before WATKINS, SHORTESS and FOGG, JJ.

FOGG, Judge.

This is an appeal from a judgment finding that a divorce sought pursuant to La.C.C. art. 102 can be granted where the notice required by La.R.S. 13:3491 is not given. We reverse.

The plaintiff, Dave Kimball, filed a petition for divorce against the defendant, Barbara Ledet Kimball, on the basis of living apart for six months pursuant to La.C.C. art. 102. After the plaintiff filed the rule for the divorce, the defendant responded with an exception...

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