TRAMONTIN v. TRAMONTIN

No. 2004 CA 2286.

928 So.2d 29 (2005)

Cynthia Wegmann TRAMONTIN v. Gregory William TRAMONTIN.

Court of Appeal of Louisiana, First Circuit.

December 22, 2005.


Attorney(s) appearing for the Case

Jeffrey S. Wittenbrink, Dannie P. Garrett, III, Baton Rouge, Counsel for Plaintiff/Appellee Cynthia Wegmann Tramontin.

Olivia Smith, Thomas E. Gibbs, Baton Rouge, Harry S. Hardin, Corinne Giacobbe Hufft, New Orleans, Counsel for Defendant/Appellant Gregory William Tramontin.

Before: CARTER, C.J., DOWNING and GAIDRY, JJ.


DOWNING, J.

The pivotal issue of this review is whether plaintiff's 1994 petition alleging lesion beyond moiety was timely when filed over five years after the community property in dispute was partitioned. The second issue we will consider is whether the amending petitions, filed in 1999 and 2003, alleging fraud were timely filed. For the following reasons, we reverse the trial court's judgment rendered May 5, 1997, and sustain the exception of prescription. Concluding...

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