Hester v. Hester, 647 So. 2d 1095 (La. 1994). · Go Syfert
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Hester v. Hester, 647 So. 2d 1095 (La. 1994). Cases Citing This Book View Copy Cite
11 citation events (3 in the last 25 years) across 2 distinct courts.
Strongest positive: Hester v. Hester (lactapp, 1998-02-11)
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discussed Cited "see" Hester v. Hester
La. Ct. App. · 1998 · signal: see · confidence high
See Hester, 94-2575, 647 So.2d at 1096 . [5] Although article 2164 of the Code of Civil Procedure would appear to be applicable to this case, we are bound by Fourth Circuit precedent that prevents an award of such damages when, as here, the appellee has neither appealed nor answered the appeal to assert such a claim.
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Susan Gail HESTER
v.
William Ewing HESTER, III.
94-C-2575.
Supreme Court of Louisiana.
Dec 19, 1994.
647 So. 2d 1095
1994 WL 708307
Per Curiam.
Cited by 7 opinions  |  Published

PER CURIAM.

Writ granted. The judgment of the court of appeal reducing the permanent alimony award from $2,100.00 per month to $1,802.00 per month is reversed; the judgment of the trial court is reinstated.

The trial court is vested with much discretion in fixing the amount of alimony and such[*1096] awards should not be disturbed absent a clear abuse of discretion. Hogan v. Hogan, 549 So.2d 267, 271 (La.1989). Under the circumstances of the instant case, the court of appeal erred in concluding that the trial court abused its discretion in setting the award.

WATSON, J., not on panel.