Sarpy v. Sarpy

GULOTTA, Judge.

On application of Aaron Lester Sarpy, we granted an alternative writ to the trial judge to (a) either recall, vacate or set aside his judgment dated March 26, 1974 dismissing relator’s exception of lis pen-dens to his wife’s suit for separation on grounds of cruelty, or (b) to transmit the record to this court so that the validity of the judgment might be ascertained.

The basis of the exception of lis pendens is that a prior suit was pending in Jefferson Parish by the husband for spearation *193on grounds of abandonment under LSA-C.C.P. art. 531.1

Subsequent to Sarpy’s suit (dated…