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337 So. 2d 922

Docket No. 5637.

Traylor v. Traylor

Margaret Elizabeth Jones TRAYLOR, Plaintiff-Appellee, v. Norval Robertson TRAYLOR, Defendant-Appellant.

Louisiana Court of Appeal

Decided September 29, 1976.

Louisiana Court of Appeal · decided 1976-09-29

Relies on Succession of Walker · Lodatto v. Lodatto · Fuori v. Fuori

Good law ✅— No negative treatment on recordhow we know

Decided 1976-09-29

How this case has been cited

Cited by 6 later decisions — most recently December 1997

6 state decisions

20197619801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*923 Polk, Foote, Randolph, Percy & Ledbetter by Lamar Polk Culpepper, Alexandria, for defendant-appellant.

¶2Voltz & Ware by John R. Hickman, Alexandria, for plaintiff-appellee.

¶3Before HOOD, MILLER and WATSON, JJ.

¶4MILLER, Judge.

¶5Defendant Norval Robertson Traylor appeals the award of $250 per month as alimony pendente lite (authorized by LSA-C.C. art. 148), pending trial of his and his wife's cross-claims for a judicial separation. Husband contends he can't pay that much alimony and seeks a reduction. We affirm.

¶6A judgment awarding alimony pendente lite prior to a hearing on the suit for judicial separation is an appealable judgment. Lodatto v. Lodatto,238 La. 305, 115 So.2d 359 (1959); Fuori v. Fuori,316 So.2d 803 (La.App. 1 Cir. 1974).

¶7Both parties testified concerning the needs of plaintiff Margaret Elizabeth Jones Traylor and husband's ability to pay; the testimony taken at trial of the rule has not been made part of the record. Appellant made no effort to comply with LSA-C.C.P. arts. 2130, 2131 and 2132, relative to supplying a transcript of testimony or a written narrative of facts.

¶8Husband's request for a reduction is based on his contention that the trial court erred in evaluating facts. Where there are factual issues involved and the record on appeal contains neither the transcript of testimony nor an agreed statement of facts entered into between the parties or given by the trial judge, there is nothing for appellate review. Succession of Walker,288 So.2d 328 (La.1974).

¶9The trial court judgment is affirmed at appellant's costs.

¶10AFFIRMED.

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