Supreme Court of Louisiana, 1998

Buller v. Buller

Buller v. Buller
Supreme Court of Louisiana · Decided September 25, 1998 · Johnson, Lemmon
725 So. 2d 493; 1998 La. LEXIS 2854; 1998 WL 802640 (Southern Reporter, Second Series)

Buller v. Buller

Opinion of the Court

In re Buller, Timothy John;' — Plaintiffs); applying for supervisory and/or remedial writs; Parish of St. Landry 27th Judicial District Court Div. “C” Number 97-C-4767; to the Court of Appeal, Third Circuit, Number CW98-0707.

Denied.

JOHNSON, J. not on panel.

Dissenting Opinion

LEMMON, J.

dissents. While proof of intent to change domicile by written declaration according to La. Civ.Code art. 42 is irrefutable, proof of intent to change domicile may be proved by other evidence. The determination of intent to change domicile is almost entirely a question of fact. Here, the trial judge determined that relator intended to establish a domicile in St. Landry Parish, and there was evidence to support that finding. The court of appeal erred in reversing that purely factual finding.

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