JOHNSON v. WETHERSPOON

No. 95 CA 1280.

669 So.2d 589 (1996)

Doris P. JOHNSON v. Charlie Mae WETHERSPOON, Vanetia Karyl Wetherspoon Jones, and Wendell Albert Wetherspoon.

Court of Appeal of Louisiana, First Circuit.

Writ Granted May 10, 1996.


Attorney(s) appearing for the Case

Marsha Mason Wade, Baton Rouge, for Plaintiff-Appellant.

David A. Hamilton, Baton Rouge, for Defendant-Appellee.

Before LeBLANC, WHIPPLE, and FOGG, JJ.


FOGG, Judge.

By this action, an ex-wife seeks to have her community interest in her ex-husband's Teacher's Retirement System of Louisiana benefits recognized. At the time of her demand, her ex-husband was deceased and his second wife was collecting survivor benefits from the retirement plan. The trial judge rendered summary judgment, dismissing the plaintiff's action. For the following reasons, we reverse and remand.

The following facts are undisputed. Doris...

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