KENNEDY v. KENNEDY

No. 27810-CA.

668 So.2d 485 (1996)

Helena Babin KENNEDY, Plaintiff-Appellee, v. James KENNEDY, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Concurring Opinion February 16, 1996.

Writ Granted May 3, 1996.


Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway by Albert M. Hand, Jr., Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman by Robert A. Hawthorne, Isaac M. Gregorie, Jr., for Plaintiff-Appellee.

Barham, Adkins & Tatum by Tommy J. Adkins, for Defendant-Appellant.

Before MARVIN, C.J., and SEXTON and GASKINS, JJ.


Concurring Opinion by Judge Sexton February 16, 1996.

MARVIN, Chief Judge.

In this dispute between the 89-year-old usufructuary and the 68-year-old naked owner of 143 acres of old-growth timberland in Claiborne Parish, not managed as a tree farm in more than 50 years, the naked owner devolutively appeals a judgment which, in part, authorizes the usufructuary to clear cut and replant the trees on 113 acres and to selectively cut trees from the remaining...

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