Napoli v. Napoli

CRAIN, Judge.

Appellee, Victor Napoli, has moved to dismiss his wife’s appeal from the judgment granting appellee a divorce under Louisiana Revised Statutes Title 9, section 301 on the grounds of living separate and apart for one year. He contends his wife confessed judgment in the proceedings below and is therefore precluded from appealing the judgment under Louisiana Code of Civil Procedure article 2085.

The record on appeal has not yet been lodged with this court. In support of his motion, appellee has submitted copies of certain pleadings and a short excerpt from the transcript of the…