Legal Opinion · Dissent

Radcliffe 10, L.L.C. v. Burger

Louisiana Court of Appeal

Decided March 28, 2016No. 2014 CA 0347Published

1Dissent

HOLDRIDGE, J.,

dissenting.. hi respectfully dissent from the .per cu-riam opinion allowing the trial court’s judgment to stand. The trial court’s ruling, which effectively permits a creditor of Mrs. Burger’s husband to seize her separate property, was clearly erroneous and without basis in the law or jurisprudence. Like the trial court, this court now fails to properly interpret and apply La. C.C. art. 2329 to the facts of this case.1 This error is compounded by the concurring opinion’s conclusion that the prior judicial finding regarding the Burgers’ separation of property agreement is an…

2Cases cited13 opinions

  1. Associated Motors, Inc. v. BurkLouisiana Court of Appeal · 1929
  2. Stogner v. StognerSupreme Court of Louisiana · 1999
  3. Teachers'retirement System v. La. St. Employees Retirement SystemSupreme Court of Louisiana · 1984
  4. Trahan v. COCO COLA BOTTLING CO. UNITEDSupreme Court of Louisiana · 2005
  5. Erath Sugar Company v. BroussardSupreme Court of Louisiana · 1961

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