Pierce v. Gervais

BARRY, Judge.

Plaintiff appeals the maintaining of defendant’s exceptions of no cause and right of action resulting in the dismissal of plaintiff’s petition to set aside a divorce judgment rendered twelve years earlier.

Girard Lynn Pierce, plaintiff, and Donald P. Gervais, defendant, were married June 27,1964 and had one child, Donald, Jr. The original petition for divorce (based on two years separation) filed October 1,1968 avers the parties separated July 1, 1966 and lived apart without reconciliation. A curator was appointed because the defendant was in the Army and missing in action in Viet…