Lacour v. Lacour

JUDGMENT ON MOTION TO DECLARE SUSPENSIVE APPEAL NULL AND VOID.

Petitioner, Patricia Ash Lacour, seeks to prohibit her husband from taking a suspen-sive appeal from a judgment accumulating back alimony and making the amount exec-utory. She asserts that our decision in the case of Elchinger v. Elchinger, 181 So.2d 297 (La.App. 4th Cir. 1965), Writ Refused, 248 La. 1098, 184 So.2d 23, is contrary to the language and purpose of Code of Civil Procedure Articles 3943 and 3945.

In the case of Malone v. Malone, 282 So.2d 119 (La.1973) the Supreme Court interpreted the purpose of C.C.P. Article 3943 as…