BENOIT v. BENOIT

No. 13-CA-397.

131 So.3d 361 (2013)

Frank John BENOIT, Sr. v. Cynthia Marie Zenon BENOIT.

Court of Appeal of Louisiana, Fifth Circuit.

December 12, 2013.


Attorney(s) appearing for the Case

Rudy W. Gorrell , Attorney at Law, New Orleans, Louisiana, for Plaintiff/Appellant.

Paul D. Connick, Jr. , District Attorney, Twenty-Fourth Judicial District Parish of Jefferson, John D. Fitzmorris, Jr. , Assistant District Attorney, Harvey, Louisiana, for Plaintiff/Appellee.

Panel composed of Judges FREDERICKA HOMBERG WICKER, ROBERT M. MURPHY, and HANS J. LILJEBERG.


HANS J. LILJEBERG, Judge.

Plaintiff, Frank J. Benoit, Sr., appeals the 24th Judicial District Court judgment dismissing his Petition to Vacate/Annul Hearing Order. For the following reasons, we vacate the judgment of the district court and remand the matter for further proceedings.

Procedural History

From the designated record before this Court, the procedural and factual posture of this case is as follows:

On July 11, 2005...

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