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608 So. 2d 194

Miguez v. Miguez

Supreme Court of Louisiana

Decided November 30, 1992

Supreme Court of Louisiana · decided 1992-11-30

Decided 1992-11-30

¶1In re Miguez, Paul; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 23892-CA; Parish of Caddo, 1st Judicial District Court, Div. “A”, No. 361,891.

¶2Denied.

LEMMON, J.,

¶3concurs. La.Code Civ. Proc. art. 3943 applies only to judgments awarding alimony. When the judgment denies permanent alimony, there is nothing to suspend, but the obligation to pay alimony pendente lite continues until the judgment denying alimony becomes res judicata. If the appeal of the spouse denied alimony is frivolous, other consequences may follow.

CALOGERO, C.J., and COLE, J., would grant the writ.
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