Crovetto v. Crovetto

118 So. 3d 1258, 2012 La.App. 1 Cir. 1895, 2013 WL 2456214, 2013 La. App. LEXIS 1177
CourtLouisiana Court of Appeal
DecidedJune 7, 2013
DocketNo. 2012 CW 1895
StatusPublished

This text of 118 So. 3d 1258 (Crovetto v. Crovetto) 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
Crovetto v. Crovetto, 118 So. 3d 1258, 2012 La.App. 1 Cir. 1895, 2013 WL 2456214, 2013 La. App. LEXIS 1177 (La. Ct. App. 2013).

Opinion

PETTIGREW, J.

liWe granted certiorari in this matter to consider the subject matter jurisdiction of Division “K” of the Twenty-Second Judicial District Court (22nd JDC), a division of the court designated to hear family and juvenile matters, when one of the former spouses dies after the petition for partition of the community of acquets and gains has been filed and set for trial, but before judgment has been rendered. On September 24, 2012, the trial court found, sua sponte that it lacked the requisite subject matter jurisdiction.1 From that ruling the parties moved for a new trial, which the trial court denied on October 16, 2012. The parties thereafter sought supervisory review of that ruling via supervisory writs. For the reasons that follow, we grant the writ and make it peremptory, reversing the trial court’s ruling of October 16, 2012, denying the parties’ joint motion for new trial and find that Division “K” of the 22nd JDC retained subject matter jurisdiction of the partition proceeding.

Facts and Procedural History

This community property action commenced in Division “K” of the 22nd JDC, with a motion to partition the former community property of Jules Crovetto, Sr. and June Crovetto. After the motion was filed and set for trial, Jules Crovetto died. Thereafter, the Succession of Jules Crovet-to, Sr. was substituted as the party plaintiff by order of the court dated December [1260]*126019, 2011, and Crovetto’s two daughters, Robin Crovetto Perez and Kelley Crovetto Overby, were appointed to represent the Succession as Co-Executrices.

Subsequently, a three-day trial was held on May 7, May 17, and June 4, 2012, after which the court took the matter under advisement. On September 24, 2012, the trial court, sua sponte, found that it lacked the requisite subject matter jurisdiction based on the Supreme Court’s decision in McCann v, McCann, 2011-2434 (La.5/8/12), 93 So.3d 544. Thereafter, the parties filed a joint motion for new trial on October 3, 2012, [¡¡arguing that the trial court’s application of McCann was erroneous because that case is distinguishable from the facts and law involved in this matter. On October 16, 2012, the trial court denied the parties’ motion for new trial.

Subsequently, the plaintiffs, as Co-Executrices, as well as June Crovetto, Jules Crovetto’s former spouse, sought supervisory review of that ruling. We granted certiorari to consider the subject matter jurisdiction of Division “K” of the 22nd JDC, a division of the court designated to hear family and juvenile matters.

Plaintiffs argue the trial court erred in denying their joint motion for new trial relying on the Supreme Court’s decision in McCann, which applied to a domestic proceeding in the Family Court of East Baton Rouge Parish. While plaintiffs agree that removing the matter from the Family Court for East Baton Rouge Parish was the correct action for the court to take in McCann, as that decision focused on the specific language in the enabling statute for that specific court, they submit that the enabling statute at issue in the instant matter, La. R.S. 13:621.22, does not contain the specific language relied upon in McCann.

Plaintiffs further argue that Rule 23.0 of the Rules of Court for the 22nd JDC further supports their argument that the McCann decision is inapplicable to the instant proceeding.

Discussion and Applicable Law

A court’s subject matter jurisdiction is an issue that cannot be waived or conferred by the consent of the parties. The issue of subject matter jurisdiction may be raised at any time, even by the court on its own motion, and at any stage of an action. Joseph v. Ratcliff, 2010-1342 (La.App. 1 Cir. 3/25/11), 63 So.3d 220.

Subject matter jurisdiction is 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; Blanchard v. Blanchard, 2012-0106 (La.App. 1 Cir. 12/31/12), 112 So.3d 243, writ denied, 2013-0488 (La.4/12/13), 111 So.3d 1013. A judgment rendered by a court that has no jurisdiction over the subject matter of the [ 4action or proceeding is void. See La. C.CP. arts. 3 and 925(C). Williams v. International Offshore Services, LLC, 2011-1240 (La.App. 1 Cir. 12/7/12), 106 So.3d 212, writ denied, 2013-0259 (La.3/8/13), 109 So.3d 367. It is the duty of a court to examine subject matter jurisdiction sua sponte, even when the issue is not raised by the litigants. McGehee v. City/Parish of East Baton Rouge, 2000-1058 (La.App. 1 Cir. 9/12/01), 809 So.2d 258.

The Louisiana Constitution states that except as otherwise authorized by this constitution, a district court shall have original jurisdiction of all civil and criminal matters. La. Const, art. V. § 16(A). Article V, Section 15(A) of the Louisiana Constitution now authorizes the legislature, by law, to establish new judgeships for district courts and to establish new divisions with limited or specialized jurisdiction within the territorial jurisdiction of the district [1261]*1261court and subject matter jurisdiction over family or juvenile matters as provided by law. Moreover, Article V, § 16(A)(3) of the Louisiana Constitution provides:

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 community property and the settlement of claims arising from matrimonial regimes when such action arises as a result of divorce or annulment of marriage.

See also La. Const, art. V, § 18.

Divisions “K” and “L” of the 22nd JDC were established as a result of 2008 La. Acts, No. 844, § 2, effective June 23, 2008. These newly created divisions limited subject matter jurisdiction to family or juvenile matters as provided by law.

Specifically, La. R.S. 13:621.22, which is the statute that designated the specific divisions to hear family and juvenile matters within the 22nd JDC, and specifically Division “K,” provides, in pertinent part:

A. There is hereby created two additional district judgeships for the Twenty-Second Judicial District for the parishes of St. Tammany and Washington. The first additional judge herein provided for and his successors shall preside over Division K, which is hereby created for purposes of nomination and election only, The second additional judge herein provided for and his successors shall preside over Division L, which is hereby created for purposes of nomination and election only. The first additional judge and his successors from Division K shall be elected at large and shall have jurisdiction throughout the district. The subject matter jurisdiction of Division K is limited, under the provisions lBof Article V, Section 15(A) of the Constitution of Louisiana, to family or juvenile matters as provided by law. The second additional judge and his successors from Division L shall be elected at large and shall have jurisdiction throughout the district. The subject matter jurisdiction of Division L is limited, under the provisions of Article V, Section 15(A) of the Constitution of Louisiana, to family or juvenile matters as provided by law.

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Related

McGehee v. City/Parish of East Baton Rouge
809 So. 2d 258 (Louisiana Court of Appeal, 2001)
Joseph v. Ratcliff
63 So. 3d 220 (Louisiana Court of Appeal, 2011)
Williams v. International Offshore Services, LLC
106 So. 3d 212 (Louisiana Court of Appeal, 2012)
Blanchard v. Blanchard
112 So. 3d 243 (Louisiana Court of Appeal, 2012)
McCann v. McCann
93 So. 3d 544 (Supreme Court of Louisiana, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
118 So. 3d 1258, 2012 La.App. 1 Cir. 1895, 2013 WL 2456214, 2013 La. App. LEXIS 1177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crovetto-v-crovetto-lactapp-2013.