BOUTTE v. BOUTTE (2020)

Writ application denied.

I would grant and docket this writ application to examine whether an application of John Howell v. Sandra Howell, ––– U.S. ––––, 137 S.Ct. 1400, 197 L.Ed.2d 781 (2017) is necessary under the facts of this matter. Specifically, this Court has not yet considered whether federal law preempts state law concerning the disposition of military disability benefits, and further, upon application of Howell, whether a previously executed consent judgment concerning division of benefits between ex-spouses is subject to a res judicata exception under La. R.S. 13:4231. Consequently, I find this application presents significant unresolved issues of law and I would therefore grant and docket it for this Court's thorough consideration.

Crichton, J., would grant and docket and assigns reasons. Crain, J., would grant. McCallum, J., would grant.