 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Fritsche v. Vermilion Parish Hospital Service District #22/2/2005
e alleged invalidity of her common-law marriage. The plaintiff and the decedent lived in Louisiana at the time of the accident. This court recognized that if the marriage was valid in Texas, then the Louisiana Courts would have to give it full faith and credit. The difference between Guidry and the case sub judice is that the defendants in Guidry had proven the invalidity of the alleged common-law marriage. Here, the defendants have not even raised any specific impediment but merely make the conclusory statement that the marriage was invalid.
The record contains three affidavits attesting that Ms. Fritsche and the decedent lived together for 25 years and held themselves out to be husband and wife. See Parish v. Minvielle, supra citing Grigsby v. Reib, 105 Tex. 597, 153 S.W. 1124, L.R.A. 1915E, 1, (1913). One affidavit was made by Ms. Fritsche's son from a prior marriage who alleges that his father died in 1977 such that there was no impediment to the marriage. Accordingly, we find that Ms. Fritsche and Larry Holt confected a valid common-law marriage in Texas and that we must give it full faith and credit. Ms. Fritsche, rather than the parents of the decedent, has the right of action to bring this suit.
Decree
Accordingly, the judgment of the trial court is reversed and set aside and the exceptions of no cause and no right of action and lack of procedural capacity are denied as to the claims of Renell Fritsche. The claims of Paul and Leila Holt, the parents of the decedent, are hereby dismissed as Renell Fritsche is the proper party plaintiff under La.Civ.Code art. 2315.1(1). Costs of this appeal are assessed equally among the defendants.
REVERSED AND RENDERED.
Page 1 2 3 Louisiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|