Billiot v. Plambeck

209 So. 3d 379, 16 La.App. 5 Cir. 265, 2016 La. App. LEXIS 2320
CourtLouisiana Court of Appeal
DecidedDecember 21, 2016
DocketNO. 16-CA-265
StatusPublished
Cited by1 cases

This text of 209 So. 3d 379 (Billiot v. Plambeck) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Billiot v. Plambeck, 209 So. 3d 379, 16 La.App. 5 Cir. 265, 2016 La. App. LEXIS 2320 (La. Ct. App. 2016).

Opinion

WINDHORST, J.

I,The parties, Leslie Billiot and Michael Plambeck, who were never married, resided together from February of 1996 until April of 1997. They had one child, born on September 17, 1997. On October 22, 1997, Ms. Billiot filed a petition to set child support. By judgment dated March 30, 1999, the parties were awarded joint custody with Ms. Billiot designated as the primary, domiciliary parent.

[381]*381On December 14, 2001, a Consent Judgment was rendered that provided Dr. Plambeck with 50% physical access and custody of the child. The Judgment further provided that:

The parties specifically agree that the minor child, Logan Plambeck and his mother, Leslie Ann Billiot, shall reside at the physical address of # 12 Acadia Street, Kenner, Louisiana, which is the separate and paraphernal immovable property owned by Michael Kent Plam-beck, D.C. Leslie Ann Billiot agrees to take occupancy of said residence not later than December 12th [.] ... Leslie Ann Billiot agrees, as a specific consideration of Michael Kent Plambeck’s, D.C. dismissing his pending rule to change custody filed September 17, 2001, that Leslie Ann Billiot shall remain at # 12 Acadia Street, Kenner, Louisiana until such time as the minor child attains the age of legal majority (eighteen (18) years of age).
⅜ ⅜ ‡
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that in the event Leslie Ann Billiot maintains her residency on a fulltime basis with the minor child, Logan Plambeck, until Logan Plambeck attains the age of majority (eighteen (18) years of age), at # 12 Acadia Street, Kenner, Louisiana, without interruption, Michael Kent Plam-beck, D.C. shall agree to pay unto Leslie Ann Billiot fifty per cent (50%) of the current market value of # 12 Acadia Street, Kenner, Louisiana, at that time.

The Judgment also states that “This provision [that Ms. Billiot reside at # 12 Acadia Street until the child reached the age of 18] is designed to insure the close physical ‘proximity’' of Michael Kent Plambeck, D.C. with his minor child at all times during the child’s minority[J” The Consent Judgment did not change Ms. Billiot’s designation as the primary domiciliary parent.1

l2On September 17, 2015, the child reached eighteen years of age. On November 4, 2015, Ms. Billiot filed a rule for contempt, alleging that despite the fact that the child had reached the age of majority, Dr. Plambeck failed to comply with the Consent Judgment of December 14, 2001, which required an appraisal of the house and payment to her of one-half of its value.

Dr. Plambeck opposed the motion for contempt, arguing that Ms. Billiot had not fulfilled the terms of the Consent Judgment because the child had resided with him in Florida for a period of six to eight weeks, and that, during that time period, it was the intent of the parties that the child would permanently reside with him. According to Dr. Plambeck, this eight-week time period reflects a breach of the Consent Judgment’s requirement that Ms. Bil-liot “maintain her residency on a fulltime basis with the minor child ... without interruption^]”

. After a hearing, the trial court rendered judgment on January 5, 2015, ordering that within thirty days, the house shall be appraised and Dr. Plambeek was to pay half of its value to Ms. Billiot. The court declined to hold Dr. Plambeck in contempt in court. Dr. Plambeck appeals from this decision of the trial court.

In Rousset v. Rousset, 14-663 (La.App. 5 Cir. 4/15/15), 170 So.3d 253, 256, this Court summarized the law applicable as follows:

A consent judgment is a bilateral contract wherein the parties adjust their [382]*382differences by mutual consent and thereby put an end to a lawsuit with each party balancing the hope of gain against the fear of loss. LSA-C.C. art. 3071. As such, it should be governed by the same rules of construction that apply to contracts. Nelson v. Nelson, 08-85 (La.App. 5 Cir. 6/19/08), 985 So.2d 1285, 1290. A compromise agreement which forms the basis for a consent judgment gets its binding force and effect from the consent of the parties. The interpretation of •the consent judgment is the determination of the common intent of the parties. LSA-C.C. art. 2045; Nungesser v. Nungesser, 95-2298 (La.App. 1 Cir. 6/28/96), 694 So.2d 312, 314. The meaning and intent of the parties is ordinarily determined from the four corners of the instrument. Millet v. Millet, 04-406 (La.App. 5 Cir. 10/26/04), 888 So.2d 291, 293. Each provision in the contract is interpreted in light of the other provisions so that each is given the meaning suggested by the contract |sas a whole. When the words of a contract are clear and explicit and lead to no absurd consequences, the intent of the parties is to be determined by the words of the contract. LSA-C.C. art. 2046; Sutherlin v. Sutherlin, 05-535 (La.App. 5 Cir. 2/3/06), 930 So.2d 51, 53.
When the language of a contract is ambiguous it is proper to go outside the four corners of the instrument and use extrinsic evidence to determine the parties’ intent. Nelson v. Nelson, 985 So.2d at 1290. LSA-C.C. art. 2053 provides that “a doubtful provision must be interpreted in light of the nature of the contract, equity, usages, the conduct of the parties before and after the formation of the contract, and of other contracts of a like nature between the same parties.”

‘Whether a contract is ambiguous or not is a question of law. Where factual findings are pertinent to the interpretation of a contract, those factual findings are not to be disturbed unless manifest error is shown.” G.A. Lotz Co. v. Alack, 13-674 (La.App. 5 Cir. 4/9/14), 140 So.3d 94, 103. At issue was the intent of the parties, as reflected in the contractual provision that “Leslie Ann Billiot maintains her residency on a fulltime basis with the minor child, ..., until [the child] attains the age of' majority (eighteen (18) years of age), at # 12 Acadia Street, Ken-ner, Louisiana, without interruption” and whether Ms. Billiot fulfilled that term of the Consent Judgment. We find the term ‘without interruption” in the Consent Judgment to be ambiguous, because reasonable minds could differ as to whether the child’s six to eight week visit with his father in Florida constitutes the type of “interruption” that the parties contemplated in the judgment. It was therefore not error for the trial court to consider extrinsic evidence, outside the four corners of the Consent Judgment, in order to determine the parties’ intent.

The evidence at the hearing established that, although his intent in the Consent Judgment was to provide a residence for the child near his own house, so that he would reside close to, and have more access to, the child, Dr. Plambeck moved to Florida when the child was thirteen years of age, and that the child travelled to Florida for visitations after that time period.

4In November of 2014, when the child was seventeen, he went to Florida and spent six to eight weeks at his father’s, Dr. Plambeck’s, residence. Ms. Billiot testified that the child went to Florida because he wanted to go and try to live with his father. She did not want him to leave, but she let him go. The child’s attempt to reside with his father was unsuccessful and he returned home in January of 2015.

[383]*383Ms. Billiot testified that, during the period of time that the child was in Florida, she continued to maintain a residence for him at # 12 Acadia Street. Furthermore, Ms.

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Bluebook (online)
209 So. 3d 379, 16 La.App. 5 Cir. 265, 2016 La. App. LEXIS 2320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billiot-v-plambeck-lactapp-2016.