In Allen v. Allen, 94-1090, 648 So. 2d 359 (La. 12/12/94) the fact finder found the wife's conduct independently egregious. Therefore, in reviewing her conduct, the appellate court was required to accept the conflicting testimony about her misconduct and defer to the trial court's ruling that she acted as badly as the testimony would allow.
Nevertheless, the supreme court, bound under that same rule of deference to the fact finder, interpreted the legal standard and found no fault.