Delaney v. McCoy

I,The plaintiff, Claudine Mason McCoy Delaney, appeals from a trial court judgment granting an exception of res judicata in favor of the defendant, Mack Allen McCoy, Sr., finding that their prior community property settlement disposed of any claims Ms. Delaney had to Mr. McCoy’s retirement benefits. For the following reasons, we reverse and remand the matter to the trial court for further proceedings.

FACTS

The parties were married on November 16, 1973. On June 27, 1979, Mr. McCoy filed a petition for separation. On July 10, 1979, a judgment of separation was entered terminating the community…