DeGruy v. DeGruy

728 So. 2d 914, 1999 WL 43243
CourtLouisiana Court of Appeal
DecidedJanuary 27, 1999
Docket98-CA-1416, 98-CA-1811
StatusPublished
Cited by8 cases

This text of 728 So. 2d 914 (DeGruy v. DeGruy) 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
DeGruy v. DeGruy, 728 So. 2d 914, 1999 WL 43243 (La. Ct. App. 1999).

Opinion

728 So.2d 914 (1999)

Tina Davis DeGRUY
v.
Gregory Gerrard DeGRUY.

Nos. 98-CA-1416, 98-CA-1811.

Court of Appeal of Louisiana, Fourth Circuit.

January 27, 1999.

*915 Elizabeth Rue Brennan, New Orleans, Louisiana, Attorney for Plaintiff/Appellant.

Edith H. Morris, Suzanne Ecuyer Bayle, Bernadette R. Lee, New Orleans, Louisiana, Attorneys for Defendant/Appellee.

*916 Court composed of Judge CHARLES R. JONES, Judge MIRIAM G. WALTZER, and Judge PATRICIA RIVET MURRAY.

JONES, Judge.

Plaintiff/appellant, Tina DeGury, and her attorney of record, Elizabeth Rue Bridgeman, appeal the judgment of the trial court, whereby they were found in contempt of court during a hearing on the defendant's motion for contempt in a domestic relations case. Mrs. DeGruy was found in constructive contempt for her failure to abide by an order issued by the trial court. Ms. Bridgeman was found in direct contempt by the trial court for her disruptive and disrespectful behavior to the trial court during the contempt hearing. After reading the record, we affirm the ruling of the trial court.

The plaintiff and her attorney dispute the claim brought by the defendant, Gregory DeGruy, who alleged that the plaintiff purposefully violated the order of the trial court when she, with the assistance of her attorney, removed personal property from the family home. Mr. DeGruy also contends that plaintiff arbitrarily cancelled a meeting with the special master appointed to their case, and failed to deposit the fees for the special master in the registry of the court.

PROCEDURAL HISTORY

According to the record, the trial court[1] issued an order, on October 3, 1996, regarding a partition of community property, authorizing certain items to be removed from the community home by the civil sheriff and a moving company. The order also stated that neither the parties nor any of their relatives were to be present when the civil sheriff and the movers were at the home.

On October 11, 1996, the defendant, Gregory DeGruy, filed a rule for contempt, attorney fees and court costs against Tina DeGruy. He alleged in his contempt rule that Mrs. DeGruy's father, Charles Davis purposefully disobeyed the court's order by being present at the community home when the civil sheriffs were moving community possessions. Charles Davis was present when the trial court issued its order.

Along with disobeying the court's order, Mr. DeGruy alleged that a number of his personal items were either disturbed, moved or missing. He contended in his rule for contempt that Mr. Davis tampered with these items because he was inside the community home when the civil sheriffs were there. Moreover, he complained that the plaintiff hired a private security company to monitor the area, which aggravated the situation.

On November 4, 1996, the trial court entertained the defendant's rule for contempt, and determined from the arguments presented that Mr. Davis was in contempt of court. Moreover, plaintiff's attorney, Ms. Bridgeman, stipulated on the record that Mr. Davis was present at the house when the civil sheriffs were removing the furniture, and that Mr. Davis had hired a private security company to supervise the move. Ms. Bridgeman also stated on the record that she instructed Mr. Davis to go to the community home to deliver the "community list"[2] to the civil sheriffs. Ms. Bridgeman stated that she knew that Mrs. DeGruy's parents were going to hire a private security company immediately after the trial court issued its orders.

After Ms. Bridgeman made these admissions on the record, the trial court admonished Ms. Bridgeman for fostering such behavior from her client and her client's parents, and concluded that Mrs. DeGruy was in constructive contempt of court. The trial court then ordered Mrs. DeGruy to reimburse the defendant in the amount of $60 for expenses incurred in paying the civil sheriff. At the conclusion of this hearing, the trial court ordered both parties to deposit $1,000 in the registry of the court for the appointment of a special master to mediate and resolve the community property dispute.

*917 On January 2, 1997, plaintiff's attorney, Ms. Bridgeman, sent a letter to the special master enclosing a copy of the defendant's rule for contempt, the plaintiff's exception and motion for sanctions, and the community property settlement which was previously signed by both parties. On March 27, 1997, the plaintiff filed a motion to rescind the order appointing a special master, arguing that neither the plaintiff nor the defendant had the financial resources to place $1,000 in the registry of the court. The plaintiff also alleged that appointing a special master to mediate the community property dispute would be a "waste of time" because the special master could only make recommendations to the court, thereby leaving the ultimate decision to the trial court.

On December 23, 1997, the defendant filed a preemptory exception of res judicata alleging that the time period to review the judgment appointing the special master had expired. The defendant also requested in his motion that plaintiff's motion to rescind the special master should be dismissed at plaintiffs costs. The defendant also filed a rule for contempt, alleging that the plaintiff arbitrarily refused to meet with the special master notwithstanding the parties mutual agreement to meet by a specific date and time with the special master.

On January 29, 1998, the rule for contempt, and the exceptions filed by both parties were heard by Judge Nadine Ramsey. The trial court denied the motion to rescind the special master and granted the defendant's rule for contempt against the plaintiff. The trial court also instructed the plaintiff to deposit $1,000 into the registry of the court and ordered both parties to meet with the special master within five days from the date of the hearing. Immediately following its ruling on the motion to rescind, the trial court held Ms. Bridgeman in direct contempt of court for her disruptive behavior during the proceeding. In its judgment signed on February 6, 1998, the trial court found Ms. Bridgeman in direct contempt of court, sentenced her to serve 24 hours in the Orleans Parish Prison, and ordered her to pay a fine of $100 into the registry of the court.

On February 25, 1998, plaintiff filed a motion styled "Motion for Partial New Trial and Motion for Contempt." In this motion, plaintiff requested that the trial court vacate its contempt order against her and her counsel, award her attorney fees and costs, grant a new trial, and sanction the defendant for making several "misrepresentations" to the court. The trial court denied the motion on March 3, 1998, and from this ruling, the plaintiff and Ms. Bridgeman appeal.

DISCUSSION

There are two relevant issues before this Court. The first issue we note, sua sponte, is whether the procedural device selected by the appellant (i.e., an appeal) was proper. The second issue is whether the trial court's finding of contempt against Mrs. DeGruy and Ms. Bridgeman was proper.

PROCEDURAL DEVICE

In order to determine whether an appeal was proper, we must identify and classify the type of ruling made by the trial court herein. According to LSA-C.C.P. art. 1841, only final judgments are appealable. A ruling that decides the merits of the case in whole or in part is appealable. However, when a ruling decides preliminary matters only, and such matters do not present irreparable injury then they are considered to be interlocutory, and are non-appealable.

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Cite This Page — Counsel Stack

Bluebook (online)
728 So. 2d 914, 1999 WL 43243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degruy-v-degruy-lactapp-1999.