Dupre v. Guillory
| Decision Date | 05 December 1968 |
| Docket Number | No. 2501,2501 |
| Citation | 216 So.2d 327 |
| Parties | Emma Joy DUPRE, Plaintiff-Appellee, v. Hartman GUILLORY, Defendant-Appellant. |
| Court | Court of Appeal of Louisiana — District of US |
Paul C. Tate, Mamou, for defendant-appellant.
Fusilier, Pucheu & Soileau, by J. Wendell Fusilier, Ville Platte, for plaintiff-appellee.
Before TATE, FRUGE and SAVOY, JJ.
This matter is on appeal by Hartman Guillory from a judgment of the district court maintaining an exception to the jurisdiction on behalf of Emma Joy Dupre. The facts are not in dispute, and we have only a legal question for determination in the instant case.
Emma Joy Dupre filed the original suit herein agains defendant, Hartman Guillory, in Evangeline Parish, Louisiana, entitled, 'Emma Joy Dupre v. Hartman Guillory', bearing civil docket number 17,519, wherein she asked for a divorce, custody of the children born of the marriage, and alimony. After a hearing judgment was rendered in favor of Emma Joy Dupre on January 15, 1965, granting her a divorce from her husband, granting her custody of the children born of the marriage with rights of visitation of the husband, and also granting her alimony for herself and per minor children in the sum of $125.00 per month.
After the judgment of divorce was granted, Emma Joy Dupre remarried and moved to the State of Illinois where she is presently residing.
In the petition filed by Hartman Guillory in suit number 17,519, which is presently before this Court for consideration, he, as plaintiff, prayed for a reduction in the alimony payments set forth, a reopening of the matter of custody of the children born of the union between the parties, and also prayed for the appointment of an attorney to represent his non-resident ex-wife. The request was granted by the trial judge by written order. Counsel for the non-resident wife filed an exception ratione personae over the person of Emma Joy Dupre, and also an exception as to the venue of the Evangeline Parish Court over the subject matter.
After a hearing, the district judge maintained the exception of jurisdiction and dismissed the suit. The appeal followed. On appeal the question of custody has been abandoned by counsel for Hartman Guillory.
The legal question posed in the instant case appear to be res nova in Louisiana. The general rule of law on the subject is found at 62 A.L.R.2d 544, Section 2(a), which states:
'Where a proceeding for modification of an award of alimony or child support in a...
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