Fletchinger v. Fletchinger

56 So. 3d 403, 2010 La.App. 4 Cir. 0474, 2011 La. App. LEXIS 44, 2011 WL 188005
CourtLouisiana Court of Appeal
DecidedJanuary 19, 2011
DocketNo. 2010-CA-0474
StatusPublished
Cited by5 cases

This text of 56 So. 3d 403 (Fletchinger v. Fletchinger) 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
Fletchinger v. Fletchinger, 56 So. 3d 403, 2010 La.App. 4 Cir. 0474, 2011 La. App. LEXIS 44, 2011 WL 188005 (La. Ct. App. 2011).

Opinion

DANIEL L. DYSART, Judge.

|! Catherine Fletchinger (Catherine) appeals a judgment of the trial court wherein two Motions for New Trial were denied. These motions were filed in response to judgments previously granted by the trial court concerning the partition of community property owned by Catherine and her ex-husband, Daryl Fletchinger (Daryl). The two main issues on appeal are the allocation of the proceeds of an investment account, which Ms. Fletchinger argues were omitted from the partition, and Oriental rugs she claims were never partitioned. For the following reasons, we affirm in part, reverse in part, and render, with an order.

PROCEDURAL HISTORY:

On December 7, 2007, the trial court signed a Consent Judgment whereby the parties thereto agreed to the partition of the community of acquets and gains formerly existing between them. The parties agreed that the judgment was a “global settlement of all claims arising of and from their former community.”

The Consent Judgment also ordered that the “division of all tangible, movable property, excluding cash and by way of example, art, furniture, rugs, and 12collectibles, shall be sent to binding arbitration by Frank Tranchina, Esq.” The Consent Judgment provided that the arbitrator shall allocate 45% of the movable property Daryl and 55% of the movable property to Catherine. The Judgment further stated that the allocation would be binding and non-appealable.

On January 30, 2008, the arbitrator filed his opinion, outlining in great detail the awards to each party. After explaining how the inspections of the various properties were conducted, the arbitrator submitted various schedules detailing the allocation of community movables. Schedule “D” lists property the parties agreed was community property and which was to be divided by drawing. According to the opinion, each item to be divided was issued a number, each number was to be placed in a container, and the parties were to pick from the container. To provide for the 55%/45% division of assets ordered by the trial court, Catherine was to pick the first two numbers, and the parties would thereafter alternate picks.

On September 25, 2008, Catherine filed a rule alleging that Daryl had not produced the subject rugs for allotment as provided for in the arbitrator’s opinion. She asked the trial court to order him to do so.

On January 6, 2009, Catherine filed a Petition for Supplemental Partition of Community Property and for an Account[405]*405ing, and a Motion to Confirm Award of Arbitrator. Daryl answered by filing a Motion to Modify or Correct Arbitration Award, to which Catherine filed an opposition. These motions were originally set for February 2, 2009, but were continued by the court until April 8.

| ¡¡Prior to the April 8 hearing, Daryl filed Peremptory Exceptions of Res Judicata, No Cause of Action and No Right of Action to Catherine’s requests for a supplemental partition and accounting. Daryl also sought sanctions, attorneys’ fees and costs.

On April 30, 2009, the trial court rendered a judgment, whereby it made the following rulings pertinent to this appeal: 1) Catherine’s rule seeking an order for Mr. Fletchinger to produce the Oriental rugs for allocation as determined by the arbitrator was denied; 2) the awards of the arbitrator were confirmed; 3) Daryl’s Motion to Modify or Correct the Award of the Arbitrator was denied; and, 4) Daryl’s Peremptory Exceptions of Res Judicata, No Cause of Action and No Right of Action were granted.

Catherine subsequently filed motions for new trial which were denied by the trial court. This appeal followed.

ASSIGNMENTS OF ERROR:

Catherine raises eight assignments of error; however, these assignments are readily addressed collectively. The first three assignments of error concern the trial court’s grant of Daryl’s exception of res judicata as it applies to the community-owned investment account. The fourth assignment of error argues that the trial court erred in granting Daryl’s exception of res judicata as it applies to community-owned wrought iron and wooden furniture. The fifth assignment of error is that the trial court erred in granting Daryl’s exceptions of no cause of action and no right of action. The last three assignments of error challenge the trial 14court’s factual finding that certain Oriental rugs were the property of Plush Appeal, LLC, a community-owned business allocated to Daryl.

LAW AND ANALYSIS:

Standard of Review:

Louisiana Revised Statute 13:4231 explains the applicability of the doctrine of res judicata:

Except as otherwise provided by law, a valid and final judgment is conclusive between the same parties, except on appeal or other direct review, to the following extent:
(1) If the judgment is in favor of the plaintiff, all causes of action existing at the time of final judgment arising out of the transaction or occurrence that is the subject matter of the litigation are extinguished and merged in the judgment.
(2) If the judgment is in favor of the defendant, all causes of action existing at the time of final judgment arising out of the transaction or occurrence that is the subject matter of the litigation are extinguished and the judgment bars a subsequent action on those causes of action.
(3) A judgment in favor of either the plaintiff or the defendant is conclusive, in any subsequent action between them, with respect to any issue actually litigated and determined if its determination was essential to that judgment.

The standard of review of a peremptory exception of res judicata requires an appellate court to determine if the trial court’s decision is legally correct. Ins. Co. of North America v. Louisiana Power & Light, 08-1315, p. 5 (La.App. 4 Cir. 3/4/09), 10 So.3d 264, 267; Sutter v. Dane Investments, Inc., 07-1268, p. 3 (La.App. 4 Cir. [406]*4066/4/08), 985 So.2d 1263, 1265. Louisiana courts recognize that “a final judgment has the authority of res judicata only as to those issues presented in the pleading and conclusively adjudicated by the court.” Ins. Co. of North America, 08-1815 at p. 6, 10 So.3d at 268. Moreover, the doctrine of res judicata is stricti juris and, accordingly, any doubt concerning the applicability of the principle must be resolved against its application. Id. at 08-1315, p. 7, 10 So.3d at 268.

Louisiana Revised Statute 13:4232 further provides for exceptions to the general rule of res judicata. It states in part:

A. A judgment does not bar another action by the plaintiff:
(1) When exceptional circumstances justify relief from the res judicata effect of the judgment;
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B. In an action ... for partition of community property and settlement of claims between spouses under R.S. 9:2801, the judgment has the effect of res judicata only as to causes of action actually adjudicated.

In the case before us, we are dealing with a consent judgment, an arbitrator’s award and the trial court’s confirmation of that award.

A. Investment Account

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Cite This Page — Counsel Stack

Bluebook (online)
56 So. 3d 403, 2010 La.App. 4 Cir. 0474, 2011 La. App. LEXIS 44, 2011 WL 188005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fletchinger-v-fletchinger-lactapp-2011.