Supreme Court of Louisiana, 1992

Miguez v. Miguez

Miguez v. Miguez
Supreme Court of Louisiana · Decided November 30, 1992 · Calogero, Cole, Grant, Lemmon, Writ
608 So. 2d 194 (Southern Reporter, Second Series)

Miguez v. Miguez

Opinion of the Court

In re Miguez, Paul; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 23892-CA; Parish of Caddo, 1st Judicial District Court, Div. “A”, No. 361,891.

Denied.

Concurring Opinion

LEMMON, J.,

concurs. La.Code Civ. Proc. art. 3943 applies only to judgments awarding alimony. When the judgment denies permanent alimony, there is nothing to suspend, but the obligation to pay alimony pendente lite continues until the judgment denying alimony becomes res judicata. If the appeal of the spouse denied alimony is frivolous, other consequences may follow.

CALOGERO, C.J., and COLE, J., would grant the writ.

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