DOANE v. BENENATE

No. 95-CA-0953.

671 So.2d 523 (1996)

August John DOANE, Jr. v. Natalie BENENATE, Wife of August John Doane, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 24, 1996.


Attorney(s) appearing for the Case

Jeffrey J. Goodwyne, Chalmette, for Defendant/Appellant.

Before BARRY, KLEES and BYRNES, JJ.


BARRY, Judge.

Natalie Benenate Doane appeals the denial of permanent alimony. We hold that Mrs. Doane's alleged fault was due to mental illness, reverse the judgment, and remand.

Facts

Mr. and Mrs. Doane married in 1978. Mr. Doane filed for a divorce based on living separate and apart for six months (La.C.C. art. 102). A divorce was rendered on August 30, 1994. Mrs. Doane filed for permanent alimony and alleged she was not at fault.

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