Jenks v. Gulla

COLE, Judge.

This is an appeal from the sustaining of the peremptory exception raising the objection of res judicata. At issue is whether the trial court had evidence before it on which to base its holding. Appellant asserts the exception was decided upon oral argument without the introduction of any documentary or other evidence.

James Bernard Jenks, plaintiff-appellant, brought suit in The Family Court of East Baton Rouge Parish seeking a judgment declaring null a 1972 Arkansas divorce between Rufus W. Ashley, Jr. and the defendant, Bobbie Gulla. Jenks also prayed that his 1973 marriage to…