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Anzalone v. Anzalone

Citations: 6 So. 3d 754; 2009 WL 987437Docket: Nos. 2008-C-2981, 2008-C-2988

Court: Supreme Court of Louisiana; April 18, 2009; Louisiana; State Supreme Court

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Loleta Anzalone filed a writ application (08-C-2981) challenging the court of appeal's decision regarding her entitlement to her ex-husband Joseph Anzalone Jr.'s retirement benefits. The court of appeal had ruled that she was entitled to only half of the retirement benefits attributable to the six years he served as a district court judge, starting from his 70th birthday, and also denied her any survivor benefits should he predecease her. After reviewing the relevant law, the court granted her writ application, reversing the court of appeal's decisions. It reinstated the trial court's judgment that awarded her half of the total retirement benefits from the date her ex-husband turned 70. Additionally, the issue of survivor benefits was remanded to the trial court for reconsideration based on precedent set in LASERS v. McWilliams. The defendant's writ application (08-2988) was denied.