Legal Opinion

Kelly v. Kelly

Louisiana Court of Appeal

Decided October 31, 2016No. 2016 CW 0206Published

1Opinion of the CourtHigginbotham, J.

IgThis appeal arises from the judgment of the trial court that dismissed plaintiffs motion to terminate spousal support and sustained defendant’s peremptory exception raising the objection of res judicata.

FACTS AND PROCEDURAL HISTORY

Marguerite Stokes Kelly and Lawrence Kelly were married on July 14, 1973. Marguerite filed a petition for divorce on July 7, 1993, and in her petition requested permanent spousal support.1 On December 8, *6221993, Marguerite and Lawrence entered into a stipulated judgment- which in regards to spousal support stated:

Lawrence Kelly shall pay unto Marguerite Stokes…

2Cases cited12 opinions

  1. Herlitz Const. Co., Inc. v. Hotel Investors of New Iberia, Inc.Supreme Court of Louisiana · 1981
  2. Stelluto v. StellutoSupreme Court of Louisiana · 2005
  3. Laird v. St. Tammany Parish Safe HarborLouisiana Court of Appeal · 2002
  4. Board of Supervisors v. Mid City Holdings, L.L.C.Louisiana Court of Appeal · 2014
  5. Alex v. Rayne Concrete ServiceSupreme Court of Louisiana · 2007

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