HARRIS v. HARRIS

No. 29084-CA.

687 So.2d 673 (1997)

Flora HARRIS, Plaintiff-Appellant, v. Johnny R. HARRIS, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

January 22, 1997.


Attorney(s) appearing for the Case

Pringle & Herzog by John R. Herzog, Shreveport, for Plaintiff-Appellant.

James M. Johnson, Minden, for Defendant-Appellee.

Before NORRIS, CARAWAY and PEATROSS, JJ.


FARAWAY, Judge.

The issue presented in this appeal is whether the defendant waived his right to plead abandonment by taking action inconsistent with an intent to treat the case as abandoned. For the reasons set forth below, we reverse the trial court's decision holding that proceedings to partition community property had been abandoned under the provisions of La.C.C.P. art. 561.

Procedural Background

The parties, Flora Harris and Johnny R...

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