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MUNDELL v. MUNDELL

No. 2003-631.

858 So.2d 768 (2003)

Paul MUNDELL, Jr. v. Susann E. Ortega MUNDELL.

Court of Appeal of Louisiana, Third Circuit.

November 5, 2003.

Attorney(s) appearing for the Case

Field Vernon Gremillion III, Alexandria, LA, for Plaintiff/Appellee, Paul Mundell, Jr.

Kathleen Morrissey Delaney, Austin Law Firm, Ronald J. Bertrand, Lake Charles, LA, for Defendant/Appellant, Susann E. Ortega Mundell.

Court composed of ULYSSES GENE THIBODEAUX, GLENN B. GREMILLION, and ELIZABETH A. PICKETT, Judges.

THIBODEAUX, Judge.

In this community property case, Susann E. Mundell appeals the trial court's judgment granting Paul Mundell's peremptory exception of res judicata to her petition to partition community assets. After their divorce, each party filed separate bankruptcy proceedings and listed each other as a creditor with respect to the existing community property. The trial court ruled that Mrs. Mundell waived her right to pursue her claims outside of Mr. Mundell...

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