Supreme Court of Louisiana, 1998

Aymond v. Aymond

Aymond v. Aymond
Supreme Court of Louisiana · Decided January 30, 1998 · Deny, Johnson, Knoll, Writ
709 So. 2d 689; 1998 La. LEXIS 366; 1998 WL 49469 (Southern Reporter, Second Series)

Aymond v. Aymond

Opinion of the Court

In re Aymond, Carol J., Jr.;—Plaintiffs); applying for writ of certiorari and/or review; Parish of Avoyelles, 12th Judicial District Court, Div. “B”, No. 96-2812-B; to the Court of Appeal, Third Circuit, No. CA97-0319.

Writ granted in part. The lower court’s judgments sustaining Mrs. Aymond’s exception of no cause of action is reversed in part. A portion of Mr. Aymond’s reconventional demand stated a cause of action pursuant to Civil Code article 2354. Actions brought pursuant to Civil Code article 2354 specifically fall under the exception to La.R.S. 9:291. Therefore, Mr. Aymond’s cause of action for alleged fraudulent management of community property is not barred by the spousal immunity statute. Otherwise, the writ is denied.

*690JOHNSON, J., would deny the writ. KNOLL, J., not on panel; recused.

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