Farrar v. Whaley

211 So. 3d 449, 16 La.App. 3 Cir. 790, 2017 WL 433922, 2017 La. App. LEXIS 116
CourtLouisiana Court of Appeal
DecidedFebruary 1, 2017
Docket16-790
StatusPublished
Cited by4 cases

This text of 211 So. 3d 449 (Farrar v. Whaley) 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
Farrar v. Whaley, 211 So. 3d 449, 16 La.App. 3 Cir. 790, 2017 WL 433922, 2017 La. App. LEXIS 116 (La. Ct. App. 2017).

Opinion

EZELL, Judge.

|, This appeal involves donations inter vi-vos made by Joyce Thompson to her caretaker, Linda Whaley. Camilla Farrar, as independent administratrix of Ms. Thompson’s succession, filed suit on behalf of the succession against Ms. Whaley for the return of funds and assets she claimed were improperly transferred to Ms. Whaley from Ms. Thompson. Mrs. Farrar is Ms. Thompson’s daughter. Ms. Whaley appeals the trial court judgment finding that an automobile was not properly donated to her and ordering her to return cash she withdrew after Ms. Thompson’s death, representing the amount of bonds she claims Ms. Thompson donated to her before her death. She also claims the trial court erred in not reimbursing her for the payment of funeral expenses for Ms. Thompson and in assessing all court costs to her.

Mrs. Farrar answered the appeal. Mrs, Farrar argues that the trial court used the wrong standard of review in analyzing the donations and asks that this court perform a de novo review of the testimony and evidence. She claims that the trial court erred in finding that there were multiple valid donations inter vivos of cash to Ms. [452]*452Whaley. Mrs. Farrar further claims that interest on any of the sums due should run from the date of conversion as opposed to judicial demand.

FACTS

Ms. Thompson was admitted to Lake Charles Memorial Hospital in May 2012. At that time, Ms. Whaley’s husband was working as an orderly at the hospital. Ms. Thompson asked Ms. Whaley’s husband if he knew of someone who could take care of her when she got out of the hospital. He informed Ms. Thompson that his wife, who was a certified nursing assistant, could take care of Rher. Ms. Whaley began working for Ms. Thompson in June 2012 at the rate of $15.00 an hour.

Ms. Whaley testified that sometime in August 2012, Ms. Thompson promised to leave her all her belongings if she would take care of her because she and her daughter did not get along. On August 24, 2012, a will was typed leaving everything to Ms. Whaley. The will shows the signatures of both Ms. Thompson and Ms. Wha-ley. Caroline Glenn and Natasha Minor signed the will as witnesses. Ms. Glenn is Ms. Whaley’s sister, and Ms. Minor is Ms. Whaley’s daughter.

During her deposition, Ms. Whaley testified that one month before the execution of that will, Ms. Thompson wanted her to type a letter which specifically revoked all prior wills, listed her assets, and named Ms. Whaley as power of attorney. However, the content of the letter indicates it was written on October 7, 2012, a month-and-a-half after the will was written. Even more confusing, a separate handwritten page was signed by Ms. Whaley and dated August 24, 2012, indicating she wrote the letter.

A second will with the exact wording and parties’ signatures was also purportedly executed on August 24, 2012. Also, another typed letter with the exact wording as the October 2012 letter was also executed. However, this time both the will and letter.were notarized by Wanella Gibson on August 24, 2012, It is not disputed that neither the first will nor the second will was sufficient for probate under Louisiana law.

In February 2013, Ms. Thompson went to stay at Resthaven Nursing Home. On May 16, 2013, Ms. Thompson executed a general power of attorney naming Ms. Whaley to act on her behalf. The document was witnessed by Amanda Williams and Shelby Corbett and notarized by Lesa Higginbotham. A second Rpower of attorney was executed four days later on May 20, 2013, because the first power of attorney was not detailed enough for the banks to allow Ms. Whaley to act on Ms. Thompson’s behalf. This power of attorney was notarized by Wanella Gibson and witnessed by Carol Williams and Mary Jackson.

Following Ms. Thompson’s admittance to Resthaven Nursing Home, Ms. Whaley claimed that Ms. Thompson made several donations to her in the form of cash, U.S. savings bonds, and a car. Ms. Thompson died on September 5, 2013. Ms. Whaley testified that she did not notify Ms. Thompson’s daughter of her death because Ms. Whaley asked her not to. Charles Farrar, Ms. Farrar’s husband, testified that he was notified that Ms. Thompson died when an insurance agent called him to inform him that Ms. Whaley was trying to collect insurance that was in his son’s name.

Following Ms. Thompson’s death, Ms. Farrar was appointed independent admin-istratix of her mother’s succession. On October 15, 2013, Ms. Farrar filed a petition for a temporary restraining order, preliminary injunction, and damages against Ms. [453]*453Whaley seeking the return of assets and funds. A trial was held on December 10 and 11, 2015. The trial court found that any personal, movable items given to Ms. Whaley prior to Ms. Thompson’s death were part of a completed donation. The trial court then found that the transfers of cash and bonds after Ms. Thompson’s death were not valid and must be returned to her estate. The court further found that there was no evidence of any jewelry or coins in Ms. Thompson’s possession at the time of death. Regarding Ms. Thompson’s car, the trial court held that transfer of a vehicle must be completed by an authentic act. Since Ms. Thompson did not sign the transfer of title prior to her death, the trial court found that the car was not properly donated to Ms. Whaley.

| ¿Ms. Whaley then filed the present appeal contesting some of the trial court’s decisions. Ms. Farrar answered the appeal also complaining about the trial court’s decisions.

MOTION TO STRIKE BRIEF

We must first address the motion to strike the appellee’s brief in its entirety filed by counsel for Ms. Whaley. She argues that that the brief is both insulting and discourteous, not only toward Ms. Whaley and defense witnesses, but also toward defense counsel, particularly trial counsel, who is not appellate counsel, and the trial judge. Specifically, counsel objects to the repeated use of the terms “forge”, “flimsy”, and “scripted”.

Uniform Rules—Courts of Appeal, Rule 2-12.2(C) provides:

The language used in the brief shall be courteous, free from vile, obscene, obnoxious, of offensive expressions, and free from insulting, abusive, discourteous, or irrelevant matter or criticism of any person, class of persons or association of persons, or any court, or judge or other officer thereof, or of any institution. Any violation of this Subsection shall subject the author, or authors, of the brief to punishment for contempt of court, and to having such brief returned.

Several of the documents relied upon by Ms. Whaley to prove Ms. Thompson’s do-native intent were examined by a court-appointed handwriting expert. As will be discussed further in this opinion, it was established that many of these documents appeared to be signed by Ms. Thompson but were actually a forgery of her signature. Even the trial court indicated at trial that it was concerned that Ms. Whaley’s testimony and the supporting testimony of her witnesses was fabricated. We do not find Ms. Farrar’s brief meets any of the parameters described in Uniform Rules— Courts of Appeal, Rule 2-12.2(C). Therefore, we deny the motion to strike her brief.

I .STANDARD OF REVIEW

We next address Ms. Farrar’s argument that the trial court committed legal error by applying the standard for establishing a donation mortis causa in determining the intentions required for a donation inter vivos. Mrs. Farrar contends that a review of the trial court’s reasons for judgment indicates that it considered evidence of Ms.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
211 So. 3d 449, 16 La.App. 3 Cir. 790, 2017 WL 433922, 2017 La. App. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrar-v-whaley-lactapp-2017.