Brown v. Hobson

706 So. 2d 1030, 1998 WL 17917
CourtLouisiana Court of Appeal
DecidedJanuary 21, 1998
Docket30131-CA
StatusPublished
Cited by3 cases

This text of 706 So. 2d 1030 (Brown v. Hobson) 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
Brown v. Hobson, 706 So. 2d 1030, 1998 WL 17917 (La. Ct. App. 1998).

Opinion

706 So.2d 1030 (1998)

Charlene BROWN, as Administratrix of the Succession of Camillia Davis Hicks, Plaintiff-Appellee,
v.
Al HOBSON, Defendant-Appellant.

No. 30131-CA.

Court of Appeal of Louisiana, Second Circuit.

January 21, 1998.

*1031 Bobby L. Culpepper, Jonesboro, for Defendant-Appellant.

Thomas A. Bordelon, Shreveport, for Plaintiff-Appellee.

Before MARVIN, C.J., and GASKINS and PEATROSS, JJ.

GASKINS, Judge.

The defendant, Al Hobson, appeals from a trial court judgment finding that the heirs of Camillia Davis Hicks are the owners of a one-half interest in property in Jackson Parish. For the following reasons, we affirm the trial court judgment.

FACTS

The plaintiff contends that Camillia Davis Hicks was the wife of Johnnie Hicks, Sr. In a deed dated October 7, 1937, "Johnny Hick," married to and living with Camillia Hicks (nee Davis) purchased forty acres of property described as follows:

The SE¼ of NW¼ of Section 29, Tp. 16 N.R. 2 West, and containing 40 acres more or less.

On March 25, 1946, "Johnie Hicks, married to Camilie Hicks (nee Davis) with whom he is now living," purchased an additional twentysix acres described as follows:

The W½ of W½ of NE¼ of Section 29, Twp. 16 N.R. 2 West, less the North 14 acres, located in Jackson Parish and being 26 acres more or less.

On April 15, 1981, Johnnie Hicks sold to D.V. Hobson and Al Hobson the following described property:

The NE¼ of SE¼ of NW¼ Sec. 29, Twp. 16 North, Range 2 West, Jackson Parish, and three (3) acres joining said ten acre tract on the West side of same, running North and South, being the West three (3) acres of the NW¼ of SE¼ of NW¼, Sec. 29, Twp. 16 North, Range 2 West, Jackson Parish Louisiana, making a total of thirteen (13) acres, more or less.

The deed reflects that, at the time of the sale, Mr. and Mrs. Hicks were married. On June 21, 1983, Mrs. Hicks died. Her succession was not judicially opened at that time.

In 1985, Al Hobson obtained D.V. Hobson's interest in the thirteen acres from his heirs, thereby becoming the sole owner of that tract. In 1989, Johnnie Hicks filed a petitory action against Al Hobson, claiming to be the true and lawful owner of the forty-acre tract in the SE¼ of the NW¼ of Section 29, less the thirteen acres conveyed to Mr. Hobson. Mr. Hicks claimed that neither he nor Mr. Hobson was in possession of the disputed tract, but that Mr. Hobson was asserting an adverse claim of ownership to the land by bringing criminal charges against Mr. Hicks' heirs for using the property. He also asserted that the dispute did not concern the thirteen acres conveyed to Mr. Hobson.

*1032 In March 1990, Mr. Hobson filed an answer and reconventional demand against Mr. Hicks, claiming that the dispute did concern the thirteen-acre tract purchased from Mr. Hicks and that Mr. Hicks cut timber from the property, allowed people to hunt on it, converted electrical service from the tract and generally destroyed the property. Mr. Hobson sought damages for mental anguish and attorney fees as well as three times the value of the merchantable timber.

In November 1990, Mr. Hobson obtained a default judgment in his favor on the reconventional demand, awarding him $8,750.00. Mr. Hobson then had all the property described above, and not previously disposed of by the Hicks, seized and sold at sheriff's sale, in satisfaction of the judgment. Mr. Hicks sought to enjoin the sale, claiming that the acts alleged by Mr. Hobson in his reconventional demand were committed by his son, Johnnie Hicks, Jr. and not by Mr. Hicks, Sr. The trial court rejected the petition for injunction and the property was sold at sheriff's sale to Mr. Hobson on October 2, 1991.

On October 17, 1994, Mrs. Hicks' succession was opened. Charlene Brown, as administratrix of the succession, filed the present suit on November 9, 1994, "to collect succession property," claiming that the land seized and sold to Mr. Hobson was community property between Mr. and Mrs. Hicks and that following her death, ownership of Mrs. Hicks' portion of the property vested in her estate. The plaintiff claims that, because Mrs. Hicks' heirs were not notified of the seizure and sale, it is an absolute nullity as to the succession's share of the property. The plaintiff sought to have the succession recognized as owner of an undivided one-half interest in the property.

Hearing on the merits was held on January 9, 1996. The parties agreed to file into evidence the record in the proceeding instituted by Johnnie Hicks against Mr. Hobson. They also filed the death certificate of Camillia Davis Hicks. The plaintiff then rested and the defendant moved for a judgment of involuntary dismissal. The trial court denied the motion.

Following the presentation of a very brief case by the defendant, he argued that there was no evidence before the court to establish that Johnnie Hicks and Camillia Davis Hicks were, in fact, married. The court allowed the record to remain open for the plaintiff to establish that Mr. and Mrs. Hicks were married. The plaintiff filed into the record a certified copy of a marriage license showing that Mr. and Mrs. Hicks were married on November 5, 1924.

On November 26, 1996, the trial court filed judgment in favor of the plaintiff. In reasons for judgment, the trial court stated that the property was community and therefore the succession of Camillia Davis Hicks is the owner of an undivided one-half interest in the property.

On December 2, 1996, the defendant filed a motion for new trial, arguing that the court was without authority to keep the record open for the filing of the marriage license and that the license contains numerous inconsistencies in the spelling of the parties' names and therefore is not sufficient proof of the marriage.

The motion for new trial was denied on March 11, 1997. The defendant appealed.

REOPENING CASE FOR ADDITIONAL EVIDENCE

On appeal, the defendant contends that the trial court erred in holding the case open to allow the plaintiff to introduce Mr. and Mrs. Hicks' marriage license after the plaintiff had rested. The plaintiff acknowledges that the trial court has great discretion to reopen a case for production of additional evidence. However, the defendant asserts that the marriage license was discoverable before the trial and did not corroborate any testimony introduced at the hearing. Therefore, the defendant contends that the trial court abused its discretion by allowing the plaintiff an additional opportunity to present evidence to meet its burden of proof. This argument is without merit.

The decision as to whether to reopen a case for the production of additional evidence rests within the discretion of the trial judge, whose discretion will not be disturbed on appeal unless manifestly erroneous. *1033 La. C.C.P. art. 1632; Antley v. Brantly, 28,049 (La.App.2d Cir. 2/28/96), 669 So.2d 685; Blaney v. Hulsey, Harwood & Hulsey, 27,983 (La.App.2d Cir. 2/28/96), 669 So.2d 661; Harris v. West Carroll Parish School Board, 605 So.2d 610 (La.App. 2d Cir.1992), writ denied, 609 So.2d 255 (La.1992). Our jurisprudence has long provided that, where no injustice is done by the trial court's action in reopening the case for additional evidence, the court's action is not an abuse of discretion. Hornsby v. Rives, 2 So.2d 532 (La.App. 2d Cir.1941). As stated in Antley v. Brantly, supra,

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Cite This Page — Counsel Stack

Bluebook (online)
706 So. 2d 1030, 1998 WL 17917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-hobson-lactapp-1998.