DELANEY v. McCOY

No. 46,103-CA.

63 So.3d 327 (2011)

Claudine Mason McCoy DELANEY, Plaintiff-Appellant v. Mack Allen McCOY, Sr., Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

April 13, 2011.


Attorney(s) appearing for the Case

Sean D. Miller , Charles T. Phillips, II , Shreveport, LA, for Appellant.

James L. Fortson, Jr. , Shreveport, LA, for Appellee.

Before BROWN, WILLIAMS and LOLLEY, JJ.


WILLIAMS, J.

The plaintiff, Claudine McCoy Delaney, appeals a judgment in favor of the defendant, Mack McCoy. The district court sustained the defendant's exception of res judicata, finding that the court in the prior proceedings had determined that the retirement benefits were not a community asset, and that the parties' community property settlement agreement was a compromise of all claims against the former community regime. For the following reasons, we reverse...

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