Legal Opinion

Smith v. Smith

Louisiana Court of Appeal

Decided January 10, 2018No. 51,791–CAPublished

1Opinion of the CourtGarrett, J.

In this community property partition case, the ex-husband appeals from a judgment which was amended by the trial court to increase the amount he owed his ex-wife by more than $11,000. He claims that the amendment was substantive and thus prohibited under La. C.C.P. art. 1951. We affirm the trial court's amended judgment.

FACTS

Pamela S. Smith and James H. Smith were married in 1993 and separated in August 2011. For most of the marriage, James served in the United States Air Force. On August 23, 2012, Pamela filed for divorce. In her petition, she requested a partition of the community property,…

2Cases cited9 opinions

  1. Villaume v. VillaumeSupreme Court of Louisiana · 1978
  2. Hebert v. HebertSupreme Court of Louisiana · 1977
  3. LaBove v. TheriotSupreme Court of Louisiana · 1992
  4. Saacks v. Mohawk Carpet Corp.Louisiana Court of Appeal · 2003
  5. Stevenson v. State FarmLouisiana Court of Appeal · 1993

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