SCHMITT v. SCHMITT

No. 2009-CA-0415.

28 So.3d 537 (2009)

Carol Rotherham SCHMITT v. Alton Francis SCHMITT.

Court of Appeal of Louisiana, Fourth Circuit.

December 16, 2009.


Attorney(s) appearing for the Case

Robert C. Lowe, Melanie Lockett, Lowe Stein Hoffman Allweiss & Hauver, L.L.P., New Orleans, LA, for Plaintiff/Appellant.

D. Douglas Howard, Jr., Stacey L. Miller, Jonathan C. Pedersen, New Orleans, LA, for Defendant/Appellee.

(Court composed of Judges CHARLES R. JONES, PATRICIA RIVET MURRAY, and MAX N. TOBIAS, JR.).


PATRICIA RIVET MURRAY, Judge.

This is a post-divorce matter. Carol Schmitt, the plaintiff, seeks review of the trial court's judgment finding that she was not free from fault in the dissolution of the marriage to Alton Schmitt, and thus precluded from receiving a final periodic spousal support award. The trial court's finding of fault was a factual finding based on its resolution of the parties' conflicting testimony. Because the trial court's factual finding was...

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