Clemons v. Clemons

960 So. 2d 1068, 2007 WL 1345366
CourtLouisiana Court of Appeal
DecidedJuly 11, 2007
Docket42,129-CA, 42,130-CA
StatusPublished
Cited by15 cases

This text of 960 So. 2d 1068 (Clemons v. Clemons) 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
Clemons v. Clemons, 960 So. 2d 1068, 2007 WL 1345366 (La. Ct. App. 2007).

Opinion

960 So.2d 1068 (2007)

Patricia McLaurin CLEMONS, Plaintiff/Appellant,
v.
Tony Randall CLEMONS, Defendant/Appellant.
Tony Randall Clemons, Plaintiff/Appellant
v.
Patricia McLaurin Clemons, Defendant/Appellant.

Nos. 42,129-CA, 42,130-CA.

Court of Appeal of Louisiana, Second Circuit.

May 9, 2007.
Opinion on Rehearing July 11, 2007.

*1070 Snell and Robinson by A. Richard Snell, Bossier City, for Patricia McLaurin Clemons.

Francis M. Gowen, Jr., Shreveport, for Tony Randall Clemons.

Before GASKINS, PEATROSS & LOLLEY, JJ.

PEATROSS, J.

These appeals arise from the partition of community property between Patricia Clemons and Tony Clemons. Both parties appeal several aspects of the trial court's judgment. For the following reasons, we amend and, as amended, we affirm.

FACTS

The parties physically separated in April 2002. A Judgment of Divorce was rendered on November 5, 2002, and was signed and filed December 2, 2002. A trial to partition the community property was held in November 2005. The Judgment of Partition divided the assets and liabilities between the parties and awarded Ms. Clemons an equalization payment of $165,216.61 less one-half of the value of their mobile home.

Prior to the Judgment of Partition, the trial court rendered an opinion disposing of the remaining contested issues in the case. In that opinion, the trial court denied a claim for reimbursement filed by Dr. Clemons for amounts he paid out of his *1071 separate property on the mortgage note and fire insurance premiums for the immovable property owned by the community. The property housed his veterinarian practice, Rocking Rooster Veterinarian Services ("Rocking Rooster"), and was in his exclusive possession after the parties separated. Ms. Clemons was prohibited by court order from entering the premises based on Dr. Clemons' allegations of disruptive behavior when she would do so. The trial court denied his claim for reimbursement and determined the equity in the building by offsetting the total original debt against the agreed value of the building.

Among the contested items also to be resolved by the trial court was the value of the cattle and horses owned by the community along with Dr. Clemons' claim for reimbursement for their care. The trial court valued the livestock at $35,000, with a deduction of $10,000 for feed and miscellaneous expenses.

Also in dispute was an account resulting from a settlement with Dr. Ashley Buffington stemming from her employment with the veterinarian clinic ("the Buffington account"). The suit and resulting settlement were for Dr. Buffington's violation of a non-compete clause in her contract with Dr. Clemons. The account had a total of $19,000. Without providing reasons, the trial court found $10,000 of the account was community and the remaining $9,000 was the separate property of Dr. Clemons. The trial court also allowed a $4,000 deduction from the value of the veterinarian clinic for bad debts. In addition, under La. C.C. art. 121, the trial court awarded Ms. Clemons $17,500 for her financial support of Dr. Clemons while he was in veterinarian school.

The trial court initially denied the claim of Dr. Clemons for reimbursement of $16,932.72 for payments made by him on the 2001 Ford F-350 truck. Dr. Clemons was awarded exclusive use of the vehicle for personal and business purposes. In ruling on Dr. Clemons' Motion for New Trial, however, the trial court reversed its original judgment and allowed Dr. Clemons a zero value for the truck resulting in a reduction of $15,105 in Dr. Clemons' assets. This reduced the equalization payment owed to Ms. Clemons by $7,552.50.

Both parties filed Motions for a New Trial. The trial court denied Ms. Clemons' motion. The trial court granted Dr. Clemons' motion in part, reversing its decision on the truck, and denied the motion in part pertaining to his claim for reimbursement related to the immovable property.

Both parties appeal several issues to this court. Dr. Clemons appeals the denial of his claim for reimbursement for payments made on the immovable property and the La. C.C. art. 121 award to Ms. Clemons for financially supporting him through veterinarian school. Ms. Clemons appeals the amount of this award along with the value of the livestock and the reimbursement granted for them, the characterization of the Buffington account, the deduction for bad debts and the reimbursement for payments on the truck.

DISCUSSION

A trial court's factual findings and credibility determinations made in the course of valuing and allocating assets and liabilities in the partition of community property may not be set aside absent manifest error. McDaniel v. McDaniel, 35,833 (La.App.2d Cir.4/3/02), 813 So.2d 1232. An appellate court may not set aside a trial court's finding of fact unless it is manifestly erroneous or clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989). Where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed upon review, even though the *1072 appellate court may feel that its own evaluations and inferences are as reasonable. Id.; Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

Reimbursement of Mortgage Payments

Dr. Clemons appeals the trial court's denial of his claim for reimbursement for the use of his separate property to pay the monthly mortgage payments on the property housing the Rocking Rooster veterinarian clinic, along with the insurance premiums. The record supports that Dr. Clemons used $211,297.26 of his separate property, specifically, his income earned after separation, to pay the mortgage and insurance. In addition, Dr. Clemons testified that the bank required him to carry insurance on the building without which the bank would foreclose on the property. After referencing Ms. Clemons' exclusion from the building and Dr. Clemons receiving all the income from the business, the trial court denied his reimbursement claim, reasoning that, "under these facts it would not be just or equitable." The trial court, instead, found the more equitable approach to be taking the total original debt ($470,544.90) out of the agreed value of the property ($550,000) to determine the equity in the building. The issue before this court is whether Dr. Clemons is entitled to reimbursement from the community for the amount he paid on the building's mortgage and insurance. We hold that Dr. Clemons was entitled to his reimbursement and, in addition, that the equity in the building should be recalculated, as discussed below.

The debt at issue originated as a line of credit with Gibsland Bank obtained by both parties prior to the termination of the community. The credit was used to purchase the real estate and construct a building for the Rocking Rooster veterinarian clinic. After the termination of the community, Gibsland Bank required that the line of credit be converted into a permanent loan and both Dr. and Ms. Clemons signed the promissory note and mortgage. The bank, however, provided Ms. Clemons with a commitment letter which would relieve her of any indebtedness when, in the future, Dr. Clemons was awarded sole ownership. In December 2004, Dr. Clemons refinanced the permanent loan with Regions Bank at a lower interest rate. That loan only paid off the loan with Gibsland Bank and Dr. Clemons received no additional funds beyond that of the outstanding amount of the Gibsland Bank loan. Ms. Clemons did not sign the promissory note, but signed the mortgage securing the loan as co-owner of the property. Ms.

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Bluebook (online)
960 So. 2d 1068, 2007 WL 1345366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clemons-v-clemons-lactapp-2007.