Opinion

Eskine v. Eskine

  • 506 So. 2d 1250
  • 1987 La. App. LEXIS 9371
Court
Louisiana Court of Appeal
Filed
Apr 14, 1987
Status
Published
Author
Edwards
On the bench
Blanc, Edwards, Watkins
Cited by
2 cases

The opinion

EDWARDS, Judge,

dissenting.

It is beyond dispute that Mrs. Eskine is entitled to half of the pension benefits. The trial court held that the benefits were community property, and that judgment is definitive. It is ludicrous to say that Mrs. Eskine owns this property, but that she cannot get it. I do not believe that the exemption from seizure rule was intended to keep a person entitled to benefits (as opposed to a creditor) from getting her own property.

As owner of half of the proceeds of the pension benefits, Mrs. Eskine is a member of the group the statutes were designed to protect. A statute should not be interpreted in such a way as to defeat its purpose. I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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