Kimberlon Wesley Hodgeson VS Becky Rosa Beeson Leonard Wesley
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT KIMBERLON N0 HODGESON WESLEY 2012 CW 2085 VERSUS BECKY ROSA BEESON LEONARD FEB 2 8 2013 WESLEY Leonard Becky In Re Livingston WHIPPLE BEFORE perform follows basis the for supervisory Parish Court of 702 137 J C McCLENDON AND HIGGINBOTHAM GRANTED IN s Hodgeson petition brother No District JJ Pretermitting the officiant had the requisite legal authority to we rule as the marriage ceremony in question Kimberlon the extent that the To plaintiff WRIT whether applying Wesley Judicial 21st writs to the PART seeks defendant DENIED to IN PART annul of his being incapable of petition states a cause the Leonard Becky marriage of her Wesley on the legally consenting thereto action of for a relative nullity which under Louisiana law can be brought only by the party to the marriage contract itself or the party s neither a party representative annul representative succession legal to the therefore marriage the consent marriage See La as C she a Kimberlon nor the has no relative art 95 legal right nullity Thus Hodgeson the is succession of action to for of lack trial court erred in denying the exception in this regard However Kimberlon Hodgeson also factually alleges a absolute a the as an marriage nullity challenge challenge which can be made by any interested party See 94 La C art To the extent that facts are alleged to that challenge the veracity of the marriage license and question whether the decedent could have been physically present at the marriage ceremony when such is contradicted by the hospice care notes the plaintiff is an interested party who has the nullity of such legal a marriage right to if indeed absolute assert the it was unattended by 91 See La C art Thus the trial parties court did not err in denying the exception to the extent that the challenge is one of absolute nullity The judgment of the trial court is hereby affirmed in part and reversed in part accordingly one of the VGW PMc TMEi COURT OF APPEAL CIRCUIT 1c G DEPUTY FIRST CLERK FOR THE OF COURT COURT
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