DeVillier v. DeVillier

LANIER and LeBLANC, Judges,

concurring.

We agree with the lead opinion that the judgment of the trial court which sustained the peremptory exception should be reversed and that this case be remanded for a trial on the merits. However, we do not agree that the issue of reconciliation after a judgment of legal separation can be raised in objections of no cause of action or no right of action. Reconciliation is an affirmative defense which must be considered on the merits of the case. La.C.C. art. 152; La.C.C.P. art. 1005; Ogea v. Ogea, 378 So.2d 984 (La.App. 3rd Cir.1979), writ denied, 379 So.2d…