BARNETT v. BARNETT

No. 45,721-CA.

56 So.3d 1044 (2010)

Yvonne Sanders BARNETT, Plaintiff-Appellee v. Jimmie Carl BARNETT and his Agent for Power of Attorney, Julia Ann Budwah, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

December 22, 2010.


Attorney(s) appearing for the Case

Mayer, Smith & Roberts, by Steven Eric Soileau , Jeffrey S. Norris , for Shreveport, LA, Defendant-Appellant, Jimmie Carl Barnett, and Defendant-Appellee, Julia Ann Budwah.

Salley & Salley, by Sandra S. Salley , Laurel A. Salley , Lauren E. Checki , Ashley B. Schepens , Metairie, LA, for Plaintiff-Appellee, Yvonne Sanders Barnett.

Before BROWN, PEATROSS and DREW, JJ.


DREW, J.

Jimmie Barnett appeals a judgment ordering him to pay to his former wife one-half of an early withdrawal penalty that was incurred when his sister, to whom he had granted power of attorney, removed former community property from an annuity.

Concluding that the trial court erred in denying Jimmie's exception of insufficiency of service of process, we vacate the judgment and dismiss the claims against him...

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