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BIRCH v. BIRCH

No. 45,702-CA.

55 So.3d 796 (2010)

Kim Colvin BIRCH, Plaintiff-Appellee & Defendant-In-Reconvention v. Gilford Raymond BIRCH, Defendant-Appellant & Plaintiff-In-Reconvention.

Court of Appeal of Louisiana, Second Circuit.

November 3, 2010.

Attorney(s) appearing for the Case

William A. Jones, Jr. , for Appellant.

Gary A. Bowers , for Appellee.

Before WILLIAMS, MOORE and LOLLEY, JJ.

MOORE, J.

Gilford Raymond Birch ("Gil") appeals a judgment that rejected his claim for the return of separate funds given to or taken by his former wife, Kim Colvin Birch ("Kim"), during their marriage and under a matrimonial agreement that established a separate property regime. Kim answers the appeal, contesting the portion of the judgment that denied her exceptions of prescription and no right of action. We affirm in part, reverse in part and remand.

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