Fitch v. Fitch

GOTHARD, Judge.

Appellant, Henry James Fitch, takes this appeal from a judgment overruling his ex*421ception of improper use of summary procedure. We dismiss the appeal.

Mr. Fitch filed a petition for divorce pursuant to LSA-R.S. 9:301 alleging that the parties had lived separate and apart for a period exceeding one year. Mrs. Fitch answered the petition with a general denial. Subsequently, on October 7, 1987 the parties entered into a consent judgment awarding joint custody of the couple’s two minor children and issuing a preliminary injunction restraining either party from alienating or…