Martines v. Martines

BOUTALL, Judge.

This case is presently before us on a motion to dismiss an appeal.

Fritts Martines, defendant below, brings this appeal from a judgment rendered which divided community property subsequent. to a judicial separation. Davey Turner Martines, appellee, then filed a motion to dismiss the appeal on the grounds that the judgment was a consent judgment and is therefore unappealable under Louisiana law.

Code of Civil Procedure Article 2085 reads as follows:

“An appeal cannot be taken by a party who confessed judgment in the proceedings in the trial court or who voluntarily and…