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State v. Jim

Court of Appeal of Louisiana, Third Circuit

April 1, 2015

STATE OF LOUISIANA
v.
GARREN KEITH JIM

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, NO. C-20132999 C/W 20142235. HONORABLE DAVID H. BLANCHET, DISTRICT JUDGE.

REVERSED IN PART; AFFIRMED IN PART; AND RENDERED.

Valerie G. Garrett, Valerie Gotch Garrett, APLC, Lafayette, LA, COUNSEL FOR APPELLANT: Garren Keith Jim.

Shane Mouton, Assistant District Attorney, Fifteenth Judicial District, Lafayette, LA, COUNSEL FOR APPELLEE: State of Louisiana.

Dustin B. Gibson, Lafayette, LA, COUNSEL FOR APPELLEES: M'Kye Ger Paul Francis, McKenzie A'Cyre La'Shae Galentine.

Fredericka Cardea Jim, In Proper Person, Hamilton, OH.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Billy Howard Ezell, and John E. Conery, Judges.

OPINION

Page 1271

[14-1242 La.App. 3 Cir. 1] EZELL, Judge.

The issue presented by this appeal is whether the trial court correctly granted peremptory exceptions of res judicata and prescription resulting in the dismissal of a disavowal action. For the following reasons, we find that the exception of prescription was not properly granted but the exception of res judicata was properly granted.

FACTS

The facts are not in dispute. Garren Jim and Fredericka Jim were married May 28, 2005. The parties physically separated in August 2005. On June 13, 2006, Fredericka gave birth to a daughter, McKenzie Galentine. On July 3, 2007, Garren filed a petition for divorce. On August 26, 2007, Fredericka gave birth to

Page 1272

a son, M'Kye Francis. A judgment of divorce was signed ...


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