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BRENDA DUFRESNE MADERE vs. MICHAEL D. MADERE

Writ granted; See per curiam.

BJJ

PFC

WFM

JCW

HTL

CDK

JPV

Per Curiam

The judgment dated October 30, 1992, allocated the community assets and liabilities. Although this judgment resulted in an unequal net distribution, the judgment did not order the payment of an "equalizing sum of money, either cash or deferred, secured or unsecured" under terms directed by the trial court as required by La.R.S. 9:2801. Thus, the partitioning judgment did not create a money judgment. Absent a money judgment, there was nothing for plaintiff to execute through a writ of fieri facies. The court of appeal erred in concluding otherwise. Accordingly, we hereby reinstate the trial court's order dated September 20, 1994 recalling and vacating the writ of fieri facias.

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MADERE v. MADERE, 95-1635 (La. 10/13/95)
(Oct 13, 1995)