SCHILLACI v. SCHILLACI, 313 So.2d 599 (La. 1975)

URSULA PATORNO, WIFE OF ANTHONY J. SCHILLACI v. ANTHONY J. SCHILLACI.

No. 56294.Supreme Court of Louisiana.
June 13, 1975.

IN RE: URSULA PATORNO SCHILLACI, APPLYING FOR CERTIORARI, OR WRIT OF REVIEW, TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF JEFFERSON.

[1] Writ denied. On the facts found by Court of Appeal result is correct. [2] TATE, J., dissents, being of the opinion that the denial of a separation on the ground of mutual fault is an illogical doctrine — mutual fault is all the more reason to grant both parties a separation. The legislature never established this doctrine. Being judicially created, the doctrine is subject to judicial re-evaluation.