Cookmeyer v. Cookmeyer

Louisiana Court of Appeal

Decided June 30, 1977

Louisiana Court of Appeal · decided 1977-06-30

Cited by 3 later decisions — most recently September 1979

3 state decisions

Key passage — most relied on by later courts

“for proceedings consistent with C.C.P. 4604 and following.”

quoted by 1 later decision, including 354 So. 2d 686 - Cookmeyer v. Cookmeyer

Good law ✅— No negative treatment on recordhow we know

Decided 1977-06-30

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REDMANN, Judge.

¶1An ex-husband appeals from a judgment on his ex-wife’s “rule to distribute proceeds of sales” of community and separate property. The rule called for and the judgment performed a partial accounting and ordered distribution of funds from a savings and loan account.

¶2La.C.C.P. 4605 requires the appointing of a notary public “to make the partition in accordance with law.”

¶3Until such time as the notary’s work is completed and his proces verbal homologat-ed the ex-spouses are not entitled to any distribution of funds unless by consent of both.

¶4The judgment appealed from is annulled and the matter is remanded for proceedings consistent with C.C.P. 4604 and following.