concurs. The dicta in Butler v. Butler, 228 So.2d 339 (La.App. 1st Cir. 1969) relied upon by the respondent is not factually applicable to the present circumstances. Furthermore, in Butler the court of appeal decided the community-separable property issues on their merits.

In re: Joann Karl Cookmeyer applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Jefferson, 349 So.2d 366.

*233Writ granted. Remanded to the court of appeal with instructions to decide the case on the merits of the issues presented.