Allen v. Allen

145 So. 3d 341, 2014 WL 1800077, 2014 La. LEXIS 1140
Supreme Court of Louisiana·Decided May 7, 2014·No. No. 2013-CC-2778·Published·Cited by 12 cases

Opinions

VICTORY, J.

|, We granted this writ application to determine whether the family court divisions [343] of the Twenty-Second Judicial District Court, whose jurisdiction is limited to “family or juvenile matters,” have subject matter jurisdiction over partition proceedings involving divorcing spouses’ separate property. Finding these courts have subject matter jurisdiction over those matters, we reverse the judgment of the court of appeal and remand the case to the district court for further proceedings.

FACTS AND PROCEDURAL HISTORY

The proceeding below concerns actions between former spouses, Lange Allen and Susan Allen, for the partition of separately owned property, a 2008 Toyota Land Cruiser, and for restitution of separate property. The parties entered in a matrimonial agreement establishing a regime of separation of property before their marriage. The vehicle at issue was acquired during their marriage.

On July 20, 2011, Mr. Allen filed a petition for divorce from Mrs. Allen, and the case was allotted to Division “K,” a family court division of the Twenty-Second District Court. Mrs. Allen answered and reconvened, averring that a 2008 Toyota Land Cruiser was a gift to her from Mr. Allen, that she used the vehicle during the marriage, and that Mr. Allen possessed the vehicle.

|2Mr. Allen answered Mrs. Allen’s recon-ventional demand in the divorce proceedings and also filed a separate “Petition for Partition of Movable Property,” seeking only to partition the same vehicle, which he claimed was co-owned. In this separate suit, he made no mention of the divorce proceedings pending in the family court division. Mr. Allen’s partition proceeding was allotted to Division “B,” a general jurisdiction division of the Twenty-Second Judicial District Court. Mrs. Allen later filed an amended reconventional demand in the divorce proceeding seeking restitution of all of her separate property which she averred was still in Mr. Allen’s possession at the former matrimonial domicile. Mr. Allen’s partition proceeding was eventually transferred from Division “B” to Division “K” by Joint Motion and Order To Transfer Case.

Mr. Allen later filed exceptions in both proceedings, asserting that Division “K” lacked subject matter jurisdiction over claims for the partition and restitution of separate property. Mr. Allen urged that Division K only has jurisdiction over divorce, child custody, alimony, child support, and community property matters, all of which he claims are uniquely domestic matters. The family court denied those exceptions without assigning reasons. A five-judge panel of the First Circuit Court of Appeal, in a split decision, reversed the district court judgment and granted Mr. Allens’ exception of lack of subject matter jurisdiction, with two judges stating:

Concluding that the trial court erred in overruling Lange Walker Allen, II’s peremptory exceptions of lack of subject matter jurisdiction, we reverse the judgment of the trial court. We sustain Lange Walker Allen, II’s exception of lack of subject matter jurisdiction over his “Petition for Partition of Movable,” 22nd JDC docket no. 2011-15433. We ■ further sustain Lange Walker Allen, II’s exception of lack of subject matter jurisdiction over Susan Taylor Allen’s “Amended Reconventional Demand” for recovery of separately-owned furniture and household furnishings, filed in 22nd JDC docket no. 2011-14151. Per La. C.C.P. art. 3, “A judgment rendered by a court which has no jurisdiction over the subject matter of the action or proceeding is void.” Accordingly, we | ¡¡conclude that all judgments and rulings [344] rendered pursuant to these actions are void, and we vacate them.
Further, we order the 22nd Judicial District Court to transfer these matters to divisions of general jurisdiction for further proceedings.

Allen v. Allen, 13-713 (La.App. 1 Cir. 7/15/13). One judge concurred, stating:

[DJespite the provision of LSA-Const. art. V, § 15(A) and LSA-R.S. 13:621:22 regarding the establishment of “subject matter jurisdiction over family or juvenile matters as provided by law,” no law has been established by the legislature to provide this subject matter jurisdiction for the 22nd JDC’s Divisions “K” and “L.”

Id. (Judge Parro concurring). Mrs. Allen filed a motion for rehearing, relying on a local rule of the court which specified the types of family matters which could be heard by Divisions “K” and “L,” and which included “property partitions and related proceedings and incidental matters that are associated with the dissolution of marriage.” Rehearing was denied in a 3-2 decision:

The District Court is without authority to establish its own jurisdiction by local rule. See Louisiana Code of Civil Procedure art. 193.
Further, since the family divisions of the Twenty-Second Judicial District Court lacked subject matter jurisdiction over the issues in dispute at the time the matter was transferred from Division “B” to Division “K,” the transfer was void, see La. C.C.P. art. 3, and violative of La. C.C.P. art. 253.1. See In re Elloie, 05-1499 (La.1/19/06), 921 So.2d 882, 898.
Additionally, even if the Twenty-Second Judicial District Court had authority to establish its own jurisdiction, 22nd JDC District Court Rule 23 as amended effective October 1, 2012 cannot be retroactively applied to the litigation at issue since the amended rule contains substantive amendments that can only be applied prospectively. See State in the Interest of H.W., 13-0231 (La.App. 1 Cir. 7/25/13), [121] So.3d [1200].

Allen v. Allen, 13-713 (La.App. 1 Cir. 10/25/13). We granted Mrs. Allen’s writ application to determine whether the family court divisions of the Twenty-Second JDC have jurisdiction over partition of the property at issue. Allen v. Allen, 13-CC-2778 (La.1/27/14), 130 So.3d 953.

|„DISCUSSION

Subject matter jurisdiction is defined by the Louisiana Code of Civil Procedure as “the legal power and authority of a court to hear and determine a particular class of actions or proceedings, based upon the object of the demand, the amount in dispute, or the value of the right asserted.” La. C.C.P. art. 2. As to the source of the family court’s jurisdiction, the Louisiana Constitution provides that “[notwithstanding any contrary provisions of Section 16 of this Article, juvenile and family courts shall have jurisdiction as provided by law.” La. Const, art. V, § 18. The Louisiana Constitution also states that “the legislature may provide by law that a family court has jurisdiction of cases involving title to movable and immovable property when those cases relate to the partition of the community property and the settlement of claims arising from matrimonial regimes when such action arises as a result of divorce or annulment of marriage.” La. Const, art. V, § 16. Finally, the Louisiana Constitution allows for the creation of courts of limited jurisdiction and for the creation of new divisions of a district court with limited jurisdiction, as follows:

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Allen v. Allen, 145 So. 3d 341, 2014 WL 1800077, 2014 La. LEXIS 1140 (La. 2014).

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