Legal Opinion · Dissent

Kleb v. Choate

Louisiana Court of Appeal

Decided January 11, 1967No. 1900Published

1DissentCulpepper, Judge

Great discretion is vested in the trial judge as to the amount of alimony pendente lite. His award should not be disturbed on appeal unless the record shows clearly that he has improperly exercised this discretion. Rader v. Rader, La.App., 126 So.2d 189; Russ v. Russ, La.App., 126 So.2d 854; Turner v. Agnello, La.App., 174 So.2d 227.

Despite this established rule of appellate review, the majority has reduced from $700 to $550 per month the alimony awarded for the support of Mrs. Choate and her two teen-age daughters. I cannot agree that this is justified by the record.

Our law allows the wife…

2Cases cited5 opinions

  1. Rader v. PegramLouisiana Court of Appeal · 1961
  2. Williams v. SmallLouisiana Court of Appeal · 1965
  3. Scott v. ScottLouisiana Court of Appeal · 1965
  4. Russ v. RussLouisiana Court of Appeal · 1961
  5. Turner v. AgnelloLouisiana Court of Appeal · 1965

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