Radcliffe 10, L.L.C. v. Ronald G. Burger and Lynda O. Burger
Supreme Court of Louisiana
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
- Root Glass Co. v. GaglianoLouisiana Court of Appeal · 1929
- Security Credit Corp. v. Menefee Motor Co., Inc.Louisiana Court of Appeal · 1930
- Bernard v. Fireside Commercial Life Ins.Louisiana Court of Appeal · 1993
- Boyer v. BoyerLouisiana Court of Appeal · 1993
- Adair Asset Management, LLC/US Bank v. Honey Bear Lodge, Inc.Louisiana Court of Appeal · 2014
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3Cited by10 opinions
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