Davisson v. Davisson

248 So. 3d 633
CourtLouisiana Court of Appeal
DecidedMay 23, 2018
DocketNo. 52,015–CA
StatusPublished
Cited by6 cases

This text of 248 So. 3d 633 (Davisson v. Davisson) 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
Davisson v. Davisson, 248 So. 3d 633 (La. Ct. App. 2018).

Opinion

MOORE, J.

The plaintiffs, Sharon and Michael Cox, appeal a judgment that sustained exceptions of no cause of action, no right of action, and res judicata, and dismissed their claims against Jordon Davisson for money lent and services rendered to Jordon's father, Andrew Davisson, prior to his death. We affirm.

FACTUAL BACKGROUND

In 2012, Andrew Davisson was a 42-year-old man with serious mental health and drinking issues. For several years, he lived with his mother; at some point, they retained Michael Cox, an attorney in Bossier City, for various unspecified legal issues. The mother died in early 2012, and in March of that year, Andrew hired Michael to represent him in his mother's succession. Andrew also agreed to let Michael's wife, Sharon Cox, help him with his personal affairs, which included managing his own house, in Bossier City, his late mother's house, four doors down, and his grandmother's house, in Shreveport.

According to their petition, the Coxes rendered extraordinary services, helping Andrew renovate all three houses, negotiating the sale (to Sharon) of partial interests in the houses, lending him thousands of dollars, and providing general financial management. In May 2012, Andrew wrote an olographic will that disinherited his son, Jordon, for striking him, and left his entire estate to Sharon.

Andrew died in February 2014. Twelve days later, Sharon filed a petition to probate the olographic will; Michael signed the petition as Sharon's attorney. Jordon, the disinherited son, contested the will on grounds that Andrew lacked testamentary capacity and that the Coxes had wielded *636undue influence over him in his declining days; he also contended the sales of real estate to Sharon lacked adequate consideration.

After a three-day bench trial, the district court agreed with Jordon, finding that Andrew lacked physical and mental capacity to execute the will and that the will was the product of undue influence by the Coxes. The court also declared the sales of real estate to Sharon null and void for Michael's failure to use proper notarial form. A motion for reconsideration was filed by "Movers, Sharon Cox and Michael Cox," alleging that "both are judgment debtors." The district court denied reconsideration.

Sharon appealed. This court ruled that the record did not support the finding of Andrew's lack of testamentary capacity, but that it did support the finding of undue influence and the nullity of the cash sales. The Supreme Court denied Sharon's writ application. Succession of Davisson , 50,830 (La. App. 2 Cir. 12/22/16), 211 So.3d 597, writ denied , 2017-0307 (La. 4/7/17), 218 So.3d 111.

PROCEDURAL HISTORY

Twenty days later, Sharon and Michael filed the instant petition against Jordon, as "successor to the estate of Andrew Davisson" and who has "presumably accepted same." The Coxes traced a long and intricate narrative of their relationship with Andrew. In their telling, Andrew was the true manipulator, drawing them into an ever-deepening commitment of legal and personal services, in exchange for the understanding that he would remember them in his will. The Coxes recited items of uncompensated professional services and labor rendered to Andrew, and alleged that Andrew had repeatedly promised to repay them. Their demands totaled $164,000.

Jordon responded with peremptory exceptions of no cause of action, no right of action, and res judicata. In support of no cause and no right, he cited La. C.C. art. 1416 B, "A creditor has no action for payment of an estate debt against a universal successor who has not received property of the estate[,]" and the first sentence of La. C. C. P. art. 3246, "A creditor of a succession may not sue a succession representative to enforce a claim against the succession until the succession representative has rejected the claim." Jordon alleged that the estate was still under administration, he had not yet received any property, and the Coxes had never made any formal demand of the executor. In support of res judicata, Jordon cited La. R.S. 13:4231, arguing the judgment in the succession proceeding was final and valid; even though Sharon was the named plaintiff in the succession proceeding, Michael inserted himself into the case, even identifying himself as a "mover" in the motion for reconsideration; all the current claims existed at the time of the succession proceeding; and all the current claims arose out of the same transaction or occurrence. Jordon also showed that the Bossier Parish District Attorney had filed five bills of information against Michael for the "services" rendered to Andrew, so there was likely no legal basis for the claim of professional fees.1

At the hearing on the exceptions, August 3, 2017, Michael represented himself *637and Sharon. He did not dispute the application of La. C.C. art. 1416and La. C. C. P. art. 3246. Instead, he argued that the cause of action in the succession, a summary proceeding to annul a will, was not identical to the current claim, for debt collection, and that the parties were not the same. Counsel for Jordon responded that all the current allegations "were specifically raised and addressed," not only at trial but in motions for new trial and for reconsideration.

ACTION OF THE DISTRICT COURT

The district judge ruled from the bench that he had read every word of the file and a summary of the testimony in the succession trial. He concluded that the current claims would not "pass the smell test." He then found that under Art. 1416, there was no appropriate person to sue, as the succession is still under administration. As to res judicata, he stated, "When you read the Second Circuit Court of Appeal's decision, all those [claims] have been disposed." He conceded that Michael raised some arguments, but "the court is not going to follow you down those rabbit holes." The court therefore sustained all exceptions and rendered judgment dismissing the Coxes' claims with prejudice.

The Coxes have appealed. By four assignments of error, they contend the court erred in (1) sustaining the exception of no cause of action, (2) sustaining the exception of no right of action, (3) sustaining the exception of res judicata, and (4) denying them due process.2

DISCUSSION

By their first assignment of error, the Coxes contend the court erred in sustaining the exception of no cause of action. They contend that the law recognizes a claim for loans and services rendered.

The purpose of the exception of no cause of action is to test the legal sufficiency of the petition by determining whether the law affords a remedy on the facts alleged in the petition. McCarthy v. Evolution Petr. Corp. , 2014-2607 (La. 10/14/15), 180 So.3d 252. La. C.C. art. 1416 B states, "A creditor has no action for payment of an estate debt against a universal successor who has not received property of the estate" (emphasis added).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
248 So. 3d 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davisson-v-davisson-lactapp-2018.