Legal Opinion

Pertuit v. American Bank

Louisiana Court of Appeal

Decided February 9, 1987No. 87-C-6PublishedCited by 1 opinion

1Opinion of the Court

CHEHARDY, Chief Judge.

Relator seeks supervisory relief from a denial of its motion for summary judgment in relator’s suit to enforce a judgment against community property. The narrow issue presented is whether Kirchberg v. Feenstra, 609 F.2d 727 (5th Cir.1979), affirmed, 450 U.S. 455, 101 S.Ct. 1195, 67 L.Ed.2d 428 (1981), applies to this case to preclude enforcement of the judgment against the wife’s half of the community property.

The Kirchberg decision, which struck down the provision of the Louisiana Civil Code designating the husband as head and master of the community and which gave the…

2Cases cited3 opinions

  1. KIRCHBERG v. FEENSTRA Et Al.Supreme Court of the United States · 1981
  2. Karl J. Kirchberg, Plaintiff-Third Party v. Joan Paillot Feenstra, Defendant-Third Party v. Edwin W. Edwards and State of Louisiana, Third PartyCourt of Appeals for the Third Circuit · 1979
  3. Ailstock v. HamiterLouisiana Court of Appeal · 1982

3Cited by1 opinion

  1. Pertuit v. American BankSupreme Court of Louisiana · 1987

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