Boykins v. Boykins

958 So. 2d 70, 2007 WL 1556865
CourtLouisiana Court of Appeal
DecidedApril 24, 2007
Docket2004-CA-0999
StatusPublished
Cited by18 cases

This text of 958 So. 2d 70 (Boykins v. Boykins) 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
Boykins v. Boykins, 958 So. 2d 70, 2007 WL 1556865 (La. Ct. App. 2007).

Opinion

958 So.2d 70 (2007)

Tremekia J. BOYKINS
v.
Darren J. BOYKINS.

No. 2004-CA-0999.

Court of Appeal of Louisiana, Fourth Circuit.

April 24, 2007.
Rehearing Denied May 23, 2007.

*72 Roderick Christopher Patrick, World Trade Center, New Orleans, LA, for Plaintiff/Appellee.

Darren J. Boykins New Orleans, LA, In Proper Person, Defendant/Appellant.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge JAMES F. McKAY III, Judge MICHAEL E. KIRBY).

*73 MICHAEL E. KIRBY, Judge.

In this domestic matter, Darren Boykins appeals the trial court judgment partitioning the community property owned by Mr. Boykins and his former wife, Tremekia Boykins.

The parties were married on June 26, 1999, and the community property regime was terminated as of June 10, 2002. The trial court rendered a judgment of divorce on June 25, 2003. Subsequent to the judgment of divorce, a three-day trial was held on Ms. Boykins' petition to partition community property. The trial court rendered judgment on October 8, 2003, recognizing certain assets as community assets of the parties. The court set forth a detailed list of these assets, and a detailed list of community debts and ordered that all assets and liabilities of the community be adjudicated to Ms. Boykins. The court stated that its order required Ms. Boykins to extinguish the entire community debt. Included in the community assets were two businesses co-owned by the parties, Jazz City Parking of New Orleans, Inc. ("Jazz City Parking") and Daily Klean Janitorial Supply Company ("Daily Klean"). The court specified that it was granting Ms. Boykins full ownership in Jazz City Parking, all inventory, assets and debts of Daily Klean and all movable property acquired during the community. The court also stated that all other property not specifically enumerated in the judgment as community property was adjudicated as separate property of the parties.

Mr. Boykin was awarded all items of personal property in his possession as described in Ms. Boykins' sworn descriptive list, and the judgment listed those items. The court also allocated to Mr. Boykins the obligation for the GrayStar mortgage encumbering the Convention Center lot owned by the parties in the original amount of $81,000.00 plus interest and penalties, and ordered Mr. Boykins to extinguish the mortgage.

The judgment further ordered that Ms. Boykins is to receive reimbursement for separate funds paid on community obligations, and the judgment listed those items. The parties were each awarded the items of clothing and furniture in their possession, and were each ordered to pay their own federal and state tax obligations that accrued during the existence of the community. The court denied Ms. Boykins' claims relating to Mr. Boykins' dental work and amounts paid to Divine Providence Full Gospel Baptist Church, and also denied Mr. Boykins' claim for reimbursement for payments made by the community on Ms. Boykins' separate mortgage during the existence of the community. After tallying the assets and liabilities of the parties, and taking into account the reimbursement amounts ordered by the court, the court ordered Mr. Boykins to make an equalizing payment to Ms. Boykins, within thirty days, in the amount of $6,890.17. The court further ordered the parties to take all steps necessary, including executing any reasonably necessary documents, to give the judgment effect.

In reasons for judgment, the trial court noted that in support of her sworn descriptive list, Ms. Boykins presented credible testimony supported by a number of exhibits on the value of the community assets and debts. She also presented her original checking account statements, check registers and cash receipts to support her claims of reimbursement. Mr. Boykins chose not to take the stand or produce any testimony, but instead relied upon a few items of evidence and additional proffers. The court found that Mr. Boykins did not present any credible proof in his behalf.

Mr. Boykins appealed the trial court judgment, and has set forth twelve *74 assignments of error in his appeal brief. In his first assignment of error, Mr. Boykins argues that the trial court erred as a matter of law in not following the provisions of La. R.S. 9:2801 relative to the partitioning of community property. Mr. Boykins claims that the trial court erred in not allowing him to submit his sworn descriptive list into evidence, even though the court allowed Ms. Boykins to submit her sworn descriptive list. The record shows that Ms. Boykins introduced her sworn descriptive list into evidence at the beginning of the three-day trial. Her attorney noted that the documents introduced at trial by Ms. Boykins were available to Mr. Boykins' prior counsel for review before trial began. Mr. Boykins did not attempt to submit his sworn descriptive list into evidence until the third day of trial, and Ms. Boykins' attorney had not seen the list prior to that time. For these reasons, the trial court refused to allow Mr. Boykins to introduce his sworn descriptive list into evidence.

A trial court is afforded great discretion concerning the admission of evidence at trial, and its decision to admit or exclude evidence may not be reversed on appeal unless there is an abuse of that discretion. Miller v. Southern Baptist Hospital, XXXX-XXXX p. 5 (La.App. 4 Cir. 11/21/01), 806 So.2d 10, 15. The trial court's decision to exclude Mr. Boykins' list was not an abuse of discretion. Furthermore, the court's decision to accept Ms. Boykins' list was not an abuse of discretion.

Mr. Boykins also argues that the trial court erred in accepting the valuations listed in Ms. Boykins' sworn descriptive list. When findings are based on determinations regarding the credibility of witnesses, the manifest error-clearly wrong standard demands great deference to the trier of fact's findings; for only the factfinder can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener's understanding and belief in what is said. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). The trial court stated in its reasons for judgment that Ms. Boykins presented credible testimony in support of her sworn descriptive list. We conclude that the trial court's credibility determination was reasonable, and the decision to accept the valuations provided by Ms. Boykins was neither manifestly erroneous nor clearly wrong.

Mr. Boykins further objects to the procedures used by the trial court in determining the partitioning of community property, and in the allocations ordered by the court regarding the community assets and liabilities. A review of the record shows that the trial court properly followed the provisions of La. R.S. 9:2801 in this partition proceeding. Furthermore, we find no merit in Mr. Boykins' argument that the trial court failed to allocate all the assets and liabilities of the parties. Mr. Boykins did not properly offer evidence of the additional liabilities that he claims were not listed in Ms. Boykins' sworn descriptive list. Accordingly, the trial court did not err in failing to allocate other liabilities allegedly owed by the parties.

Mr. Boykins' second argument is that the trial court erred in not granting his request for a continuance. A trial judge has wide discretion in controlling his docket, in case management, and in determining whether a motion for continuance should be granted. Crawford v. City of New Orleans, XXXX-XXXX, p. 4 (La.App. 4 Cir. 1/23/02), 807 So.2d 1054, 1056.

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Bluebook (online)
958 So. 2d 70, 2007 WL 1556865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boykins-v-boykins-lactapp-2007.