Teresa Wallner Caballero VS David Fernando Caballero
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT TERESA WALLNER CABALLERO FERNANDO CABALLERO 2015 NO. CW 0938 VERSUS DAVID In Re: Home OCT 0 7 2015 for L. L. C. , Servicing, applying of Parish East Family Court, writs, supervisory Baton No. Rouge, 172, 009. GUIDRY, BEFORE: GRANTED. WRIT garnishment for garnishment 2d So. v. does La. not under judgments 822 Ransome, judgment matter are the of trial jurisdiction the for See lst Cir. and 6/ 21/ 02) , unambiguous no and The motion to the or law execution the 12, May lack of subject of subpoena of party. 2015 lack of exception of in third a reverse quash now provisions over the this Further, Id. authority other exception for the family court " has against hereby denying 822 that jurisdiction jurisdiction court and provide support. power We court does that the garnishment the child matter are for provide of statutory provision. there jurisdiction. matter subject not and but App. provides 755 . at a clear jurisdiction, through So. 2d is this 13: 1401 ( B) R. S. ( La. JJ. judgment spousal subject hereafter provided by law, " give that the family court its for it have under CHUTZ, does property, 2001- 2361 additional such party Therefore, garnishment although all 753 . court of a third community judgment Ransome, 746, family type under 13: 1401 ( A) ( 1) R. S. a of HOLDRIDGE AND DRAKE, La. against partition Ransome CRAIN, duces tecum granted. JMG EGD WRC Crain, J. , See was wrongly decided. ( 2) the of the claims or former Family produce La. to Court' s documents any to allow Home " all of article upon any this procedures Court' s decision ( La. in discovery, article the allows the is East discovery judicial Rouge matter which settlement . is gives spouses The property. " deposition and to accordance ( Judgment judgment with Debtor creditor to judgment to the relating 1421 through 1474 ( the Articles matter C. C. P. Ransome. Parish 2 between in 2451 and articles The from part exercising of an distinct 2411, majority statute or jurisprudence which would prevent Baton settlement Subsection actions Parish spouses community debtor' s property as provided by discovery articles) . This is separate garnishment Rouge former contractual or Servicing L. L. C. Procedure This person hear partition to Civil of Examinations) . examine for between subsection. " to court order judicial a Baton East of actions this it Statute Revised Louisiana Court all of in the spouses Code " believe 13: 1401 ( A) 2 ( c) . R. S. Family enforcement provided jurisdiction La hear to authority seeking the gives but am bound by Ransome, dissents. J. , Holdridge, 13 : 1401A I concurs. et has from the seq. ) and stated no the Family Court in in a enforce a jurisdiction action to STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT 2015 CW 0938 Page COURT OF APPEAL, FIRST PUTY OF FOR CLERK THE CIRCUIT COURT COURT 2.
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