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MCCANN v. MCCANN

No. 2011-CC-2434.

93 So.3d 544 (2012)

Rose Manale McCANN v. Walter Lester McCANN.

Supreme Court of Louisiana.

Rehearing Denied June 29, 2012.

Attorney(s) appearing for the Case

Guglielmo, Marks, Schutte, Terhoeve & Love, Charles A. Schutte, Jr. , Baton Rouge, LA, for Applicant.

Amy E. Counce , Attorney at Law, Amy Elizabeth Counce , Baton Rouge, LA, for Respondent.

GUIDRY, J.

We granted this writ application to determine whether the Family Court for the Parish of East Baton Rouge Parish retains subject matter jurisdiction over a proceeding for partition of community property, where one of the former spouses died after the partition proceeding was instituted in the Family Court. For the reasons expressed herein, we hold the Family Court no longer had exclusive subject matter jurisdiction over the partition of community property...

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