Peairs v. Peairs

| ¶ PETTIGREW, Judge,

dissenting.

This is an appeal by defendant, Johnnie S. Peairs, from a trial court judgment in favor of plaintiff, Jerry Peairs, overruling Mrs. Peairs’ exception of res judicata and holding that the benefits due Mr. Peairs from Gulf States Utilities Company Employees’ Trusteed Retirement Plan are disability benefits and the separate property of Mr. Peairs. For the following reasons, I respectfully dissent. In my opinion, the trial court was manifestly erroneous in overruling Mrs. Peairs’ Exception of Res Judicata.

The parties were married on August 23, 1971, and divorced on…