Legal Opinion

Radcliffe 10, L.L.C. v. Ronald G. Burger and Lynda O. Burger

Supreme Court of Louisiana

Decided January 25, 2017No. 2016-C -0768PublishedCited by 10 opinions

1Opinion of the Court

WEIMER, Justice1

11 This action for nullity was brought by a judgment creditor against a judgment debtor and his wife. At issue is whether the spouses’ failure to file a codally-re-quired joint petition to commence the termination of their community property regime, pursuant to La. C.C. art. 2329, results in an absolute nullity or a relative nullity. Because the failure to file a joint petition results in a relative nullity as defined by La. C.C. art. -2031, the trial court judgment is reversed, and judgment is rendered in favor of Ronald and Lynda Burger.

FACTS AND PROCEDURAL HISTORY

A judgment…

Also in this document: Dissent.

2Cases cited8 opinions

  1. Root Glass Co. v. GaglianoLouisiana Court of Appeal · 1929
  2. Security Credit Corp. v. Menefee Motor Co., Inc.Louisiana Court of Appeal · 1930
  3. Bernard v. Fireside Commercial Life Ins.Louisiana Court of Appeal · 1993
  4. Boyer v. BoyerLouisiana Court of Appeal · 1993
  5. Adair Asset Management, LLC/US Bank v. Honey Bear Lodge, Inc.Louisiana Court of Appeal · 2014

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3Cited by10 opinions

  1. Radcliffe 10, L.L.C. v. BurgerLouisiana Court of Appeal · 2018
  2. Succession of Crute v. CruteLouisiana Court of Appeal · 2017
  3. Brady v. PirnerLouisiana Court of Appeal · 2018
  4. Brady v. PirnerLouisiana Court of Appeal · 2018
  5. Bruce Childers v. Laurel Lake Estates Homeowners Association, Inc.Louisiana Court of Appeal · 2023

5 more not listed; retrieve them via the Exa API.

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