Blackburn v. Deason

GARRISON, Judge.

This is an appeal from a district court judgment dismissing plaintiffs petition to annul a 1974 judgment of divorce between plaintiff and defendant. The judgment of dismissal was based upon the trial court’s maintaining defendant’s exception of prescription. Plaintiff appeals that judgment.

The facts are as follows: On November 27, 1974, an apparent default judgment of divorce was entered in favor of Gladys Dea-son and against Allen Blackburn on the ground of living separate and apart for two years under La.R.S. 9:301. At that time Deason also was awarded custody of and child…