Dietz v. Dietz

128 So. 3d 1215, 13 La.App. 3 Cir. 186, 2013 WL 5926198, 2013 La. App. LEXIS 2271
CourtLouisiana Court of Appeal
DecidedNovember 6, 2013
DocketNo. 13-186
StatusPublished
Cited by7 cases

This text of 128 So. 3d 1215 (Dietz v. Dietz) 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
Dietz v. Dietz, 128 So. 3d 1215, 13 La.App. 3 Cir. 186, 2013 WL 5926198, 2013 La. App. LEXIS 2271 (La. Ct. App. 2013).

Opinion

CONERY, Judge.

|,John Ford Dietz (“John”) filed suit against his former wife, Anne Bennett Morrison Dietz (“Anne”) and her brother Richard Morrison (“Richard”), seeking damages for defamation, extortion, intentional Infliction of emotional distress, and civil conspiracy. The dispute arose out of John and Anne’s divorce proceedings involving both custody of the two minor children and property still held jointly.

After conducting a bench trial on the merits on January 13, 2012, the trial court issued a “Judgment,” which incorporated lengthy Reasons for Judgment. Anne and Richard timely filed a motion for new trial, and after a hearing on the motion, the trial court denied Anne and Richard’s motion for new trial in a May 23, 2012 “Amended Judgment.”

The “Amended Judgment” conflated the trial court’s Reasons for Judgment with what the trial court obviously intended to be a final judgment. The “Amended Judgment” confirmed the original ruling in favor of John on three of his claims, but additionally found Anne and Richard hable in solido for conspiring against John. Damages in the “Amended Judgment,” in the amount of $85,000, remained the same as the January 13, 2012 “Judgment.” For the following reasons, we set aside the judgment and amended judgment, remand the case to the trial court, and dismiss the appeal.

PROCEDURAL HISTORY

A bench trial was held on November 7-[1217]*121710, and January 9-10, 2012.1 The court took the matter under advisement and promptly issued what is entitled a “Judgment” on January 13, 2012. In fact, the “Judgment” contains the trial court’s 12entire reasons for ruling, finding in favor of John on each of his three claims of defamation, extortion, and intentional infliction of emotional distress. The “Judgment” discusses the three claims under the headings of “Defamation Claim:,” “Extortion Claim:,” “Intentional Infíiction of Emotional Distress:,” and “Damages.” Under the heading of “Damages,” the trial court stated, “Accordingly, it is ordered Anne Bennett Morrison Dietz and Richard Morrison pay unto Plaintiff John Ford Dietz the sum of Eighty Five Thousand Dollars 00/00 ($85,000).” (Emphasis added.) No Analysis of how the court arrived at its damage award was included, and this court is left with the impression that the trial court likely intended this language to be its decree and judgment.

At the close of John’s case in chief, the defendants, Anne and Richard, moved for directed verdict on each of John’s claims. The trial court denied defendants’ motions for directed verdict for John’s claims of defamation, extortion, and intentional infliction of emotional distress. The trial court granted defendants’ motions and dismissed John’s claim for conversion of property which included silverware, rugs, and furniture, based on John’s lack of objection and his admission he had no viable conversion claim for these items. The trial court also dismissed John’s claim for loss of rental income in connection with the property owned by John and Anne in Mexico, and expanded its May 28, 2011 interlocutory ruling to specifically state that the trial court had no jurisdiction over that claim. The trial court further granted a dismissal of John’s claim for special damages, which included not only his loss of rental income from the jointly owned property in Mexico, but also the costs of a bodyguard hired by John for protection after being threatened by Richard and Anne in Mexico.

IsRichard and Anne timely filed a motion for new trial on January 26, 2012, urging the “Judgment was contrary to law and evidence in several respects.” The petition for new trial stated in pertinent part:

1) The Judgment contained no finding of conspiracy among Defendants, yet failed to allocate fault among them, violating Louisiana’s comparative fault principles that are codified in La. C.C. arts. 2323 and 2324;

In his response to the motion for new trial, John also asked the trial court to clarify the issue of Anne and Richard’s fault. First, John asked the trial court to determine the percentage of comparative fault of Anne and Richard pursuant to La.Civ.Code art. 2323. In the alternative, John asked the trial court to determine whether Anne and Richard had engaged in a conspiracy, making them solidarily liable for the amount awarded pursuant to La. Civ.Code art. 2324. John’s response to the motion for new trial stated in pertinent part:

Plaintiff agrees with defendants’ argument that this court was required to apportion fault pursuant to LSA-C.C. art. 2323, and requests that this Court modify the Judgment to apportion 50% fault to each defendant.
Plaintiff also agrees with defendants’ argument that this court was required to express in the Judgment its implicit finding that defendants engaged in a conspiracy and are therefore solidarily [1218]*1218liable under LSA-C.C. art. 2324, and requests that his Court modify the Judgment to so state.

The trial court held a hearing on Anne and Richard’s motion for new trial on May 14, 2012. After again taking the matter under advisement, on May 23, 2012, the trial court promptly issued the “Amended Judgment.” As previously indicated, the “Amended Judgment” again conflated the trial court’s Reasons for Ruling with its judgment, and mirrored the January 13, 2012 “Judgment,” adding specific citations to the record, two further comments on the conduct and credibility of Anne and l4Richard, and a determination of the soli-dary liability of Anne and Richard based on a finding of conspiracy. The introduction of the “Amended Judgment” stated:

The above captioned matter was presented to the court on 14 MAY 2012 as a Motion for New Trial filed on behalf of the defendants. During this hearing, the court reported that the 13 January 2012 Judgment was incorrect; and although it included reasons for ruling, it did not clearly communicate the reasons for the decision reached by this court. Accordingly, the court advised that it would issue a corrected judgment before the end of the week. Considering the evidence submitted and the arguments of counsel, the Motion for New Trial is DENIED.
This Amended Judgment is presented to correct the phraseology of the 13 January 2012 Judgment to explicitly state that which was only implied in the prior judgment. It contains some (but not all) of the citations to the transcript of the trial which support the reasons for ruling. Many of the documents admitted in to evidence during the trial also support this judgment. The additions to the 13 January 2012 Judgment are highlighted herein for convenience. The following language was an addition to the trial court’s ruling on John’s claims of intentional infliction of emotional distress:
This particular method of extortion by Mr. Morrison and Ms. Morrison, coupled with Mr. Morrison’s harmful conduct directed towards the plaintiffs father was outrageous, extreme and calculated to (and did in fact) cause the plaintiff to suffer severe emotional distress.... Further, Anne Morrison and Richard Morrison were not credible witnesses and were inaccurate historians.

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

Related

Judicial Commitment Of: Derrick Cole
Louisiana Court of Appeal, 2019
Erick J. Daigle v. Ebone' Vitatoe
Louisiana Court of Appeal, 2018
State ex rel. C.D.W. v. T.R.W.
258 So. 3d 1 (Louisiana Court of Appeal, 2017)
Gonzalez v. Jimmerson
258 So. 3d 8 (Louisiana Court of Appeal, 2017)
Dionisio Gonzalez v. Carey Leshawn Jimmerson
Louisiana Court of Appeal, 2017
Landry v. Usie
229 So. 3d 1012 (Louisiana Court of Appeal, 2017)
Duhon v. Petro "E" LLC
226 So. 3d 1123 (Louisiana Court of Appeal, 2017)
Debra Bergeron Duhon v. Petro E", LLC "
Louisiana Court of Appeal, 2017
Freeman v. Zara's Food Store, Inc.
204 So. 3d 691 (Louisiana Court of Appeal, 2016)
Caillier v. Strictly Stars Touring
195 So. 3d 1237 (Louisiana Court of Appeal, 2016)
Robert Caillier v. Strictly Star Touring
Louisiana Court of Appeal, 2016
Dietz v. Dietz
165 So. 3d 342 (Louisiana Court of Appeal, 2015)
John Ford Dietz v. Anne Bennett Morrison Dietz
Louisiana Court of Appeal, 2015

Cite This Page — Counsel Stack

Bluebook (online)
128 So. 3d 1215, 13 La.App. 3 Cir. 186, 2013 WL 5926198, 2013 La. App. LEXIS 2271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dietz-v-dietz-lactapp-2013.