David v. David

144 So. 3d 1110, 14 La.App. 3 Cir. 126, 2014 La. App. LEXIS 1490, 2014 WL 2515227
CourtLouisiana Court of Appeal
DecidedJune 4, 2014
DocketNo. 14-126
StatusPublished
Cited by2 cases

This text of 144 So. 3d 1110 (David v. David) 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
David v. David, 144 So. 3d 1110, 14 La.App. 3 Cir. 126, 2014 La. App. LEXIS 1490, 2014 WL 2515227 (La. Ct. App. 2014).

Opinion

PETERS, J.

LThe defendant, Richard G. David (Richard), appeals from a trial court judgment ordering him to pay a money judgment to his former wife, Dione W. David (Dione), within fifteen days or serve ninety days in jail. For the following reasons, we affirm the trial court judgment in part and reverse in part.

DISCUSSION OF THE RECORD

This marital dispute between Richard and Dione is not new to this court, having been before us numerous times on appeal or application for supervisory writs. Richard’s current appeal has as its origin the judicial partition of community property following the parties’ 2006 divorce. The judicial partition proceeding resulted in a complicated and extensive December 12, 2011 trial court judgment partitioning the community assets and allocating the community debts. After allocating the assets and debts, the trial court judgment awarded Dione and Richard reciprocal sums that each was to pay the other “to equalize the allocation of community property and satisfy any and all reimbursement claims.”1 With regard to the ultimate payment of [1112]*1112these sums, the judgment further provided that Dione and Richard would exchange unsecured promissory notes in the amount of the equalizing sum due to each party.2

Richard timely appealed this judgment, asserting a number of errors in the trial court’s allocation of the assets and debts of the community as well as its calculation of the reimbursement amounts. In considering Richard’s appeal of the |2partition judgment, this court reallocated some of the community assets and debts, and reduced the equalizing payment due to Dione from Richard to $104,368.46. David v. David, 12-1051 (La.App. 3 Cir. 4/10/13), 117 So.3d 148, writ denied, 13-1541 (La.10/4/13), 122 So.3d 1023. For the purposes of this opinion, we adopt as our own the factual and procedural history set forth in that opinion:

Richard and Dione David, domiciliar-ies of New Iberia, Louisiana were married for thirty-six years. At the time of their divorce, there were five businesses and nine pieces of real estate at issue for partition. Richard and Dione stipulated to appraised values of six of the nine real properties, the values on eight vehicles and other movables. Richard’s reimbursement of mortgage, tax, and insurance payments on some community properties, and Dione’s reimbursement of attorney fees. The parties also stipulated that four of the businesses, David Mortuary, Inc., David Marble and Granite, Inc., Beau Pre Memorial Park Cemetery, and Limousines, LTD, were the separate property of Richard David.
The community’s business, Dede’s Wholesale Florist, Inc. (Dede’s), was run primarily by Dione throughout the marriage, and she was given occupancy and use of the store location at 1203 Trotter Street in New Iberia. This asset is next door to the David Funeral Home and became the greatest source and subject of discord, restraining orders, and alleged abuses between the parties. Dede’s also had a closed-down, non-operating store at 110 Glaser Drive in Lafayette, which was considered rental property.
The community’s other New Iberia assets include rental houses at 6605 Old Spanish Trail (sometimes referred to as “OST” or “Highway 182” property), 407 Dahlia Street, 407 Wayne Street, 4208 Northside Road, and 508 Prioux Street. The community’s family home was located at 506 Prioux Street. Richard was given the use and occupancy of the family home as his residence. The parties stipulated, by consent judgment, to Richard’s waiver of expense reimbursement claims and to Dione’s waiver of rental reimbursement claims on this property. The couple also owned a two-story camp at 111 Cove Row, Cypre-mont Point, Louisiana. Richard was also given use and occupancy of the camp.
On the above-described community property, Richard asserted 331 claims for reimbursement of expenses totaling $305,572.00. Before trial, the court engaged the services of a hearing officer, Paul Landry, to meet with the couple and their attorneys to address occupancy issues and the reimbursement claims of the parties. The hearing officer conferences (HOC) on reimbursement [1113]*1113claims were held over four days, immediately preceding trial, during which ^Richard’s 381 claims and documentation were individually discussed, then grouped and categorized on spreadsheets, providing easier access during trial, and providing the HOC evaluations and recommendations on each claim.
After a lengthy trial, the trial court issued a four-page judgment of partition of community property. Richard appeals the trial court’s allocation of community assets and liabilities, the appraisals of the camp, its contents, and contents at other locations, the amount of certain “mortgage” debt, and the trial court’s awards of reimbursements to both parties.

Id. at 150-51.

In its opinion addressing the partition judgment, this court amended the trial court judgment to reallocate the rental property at 508 Prioux Street from Dione’s ownership to Richard’s; adjusted the value of the camp on Cove Row; adjusted the allocation of the individual IRAs; deleted a $50,000.00 debt assigned to the Old Spanish Trail property; and adjusted the reimbursement amounts set by the trial court. The end result was to reduce Richard’s equalizing payment to Dione from $232,530.52 to $104,368.46. Id.

The matter is again before us because the litigation between Richard and Dione did not cease during the appeal of the community-property-partition judgment. On June 29, 2012, Dione filed a rule for contempt of court, for a money judgment, and for reimbursement for amounts categorized as rents.3 The trial court heard the rule on October 23, 2012,4 wherein two witnesses, Morris Peltier, Jr. and Dione, testified.

14Mr. Peltier testified that he had been renting the 508 Prioux Street property for approximately eleven years and, until two months before the trial on the motion, had always paid his rent monthly to Richard. When he became aware that Dione had been awarded ownership of the property, he began making his payments to her. However, Mr. Peltier was never asked the amount of his monthly payments by Dione’s counsel.

Dione testified that she had been submitting her monthly reimbursement obligation to Richard, but that he refused to accept the certified letters containing the payment.5 When asked if Richard had ever paid her the monthly payment required of him under the partition judgment, she testified that he had not. Noting that the judgment provided that the first payment was due January 1, 2012, Dione’s counsel calculated that he owed her $24,663.50 at the time of the hearing. The promissory note was not produced, and nothing was said of the interest provided for by the terms of the partition judgment. At this point, Dione’s counsel requested that the trial court award judgment on that amount and find Richard in contempt of court. The trial court awarded the money judgment, found Richard in [1114]*1114contempt of court, and sentenced him to serve ninety days in the parish jail.

With regard to the rental reimbursement issue, Dione testified that Mr. Peltier paid $900.00 per month for the 508 Prioux Street property, and Richard had received eight months of payments that he should not have received.

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Related

Dione W. David v. Richard G. David
Louisiana Court of Appeal, 2016
David v. David
157 So. 3d 1164 (Louisiana Court of Appeal, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
144 So. 3d 1110, 14 La.App. 3 Cir. 126, 2014 La. App. LEXIS 1490, 2014 WL 2515227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-v-david-lactapp-2014.