Aymond v. Aymond , 1998 La. LEXIS 366 ( 1998 )

In re Aymond, Carol J., Jr.;—Plaintiffs); applying for writ of certiorari and/or review; Parish of Avoyelles, 12th Judicial District Court, Div. “B”, No. 96-2812-B; to the Court of Appeal, Third Circuit, No. CA97-0319.

Writ granted in part. The lower court’s judgments sustaining Mrs. Aymond’s exception of no cause of action is reversed in part. A portion of Mr. Aymond’s reconventional demand stated a cause of action pursuant to Civil Code article 2354. Actions brought pursuant to Civil Code article 2354 specifically fall under the exception to La.R.S. 9:291. Therefore, Mr. Aymond’s cause of action for alleged fraudulent management of community property is not barred by the spousal immunity statute. Otherwise, the writ is denied.

JOHNSON, J., would deny the writ. KNOLL, J., not on panel; recused.