Kathleen Davison v. Paul A. Davison, III and State of Louisiana Department of Children and Family Services

Louisiana Court of Appeal

Kathleen Davison v. Paul A. Davison, III and State of Louisiana Department of Children and Family Services

DecidedJuly 18, 2023

Docket2023CW0394

StatusUnknown

This text of Kathleen Davison v. Paul A. Davison, III and State of Louisiana Department of Children and Family Services (Kathleen Davison v. Paul A. Davison, III and State of Louisiana Department of Children and Family Services) 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.

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Kathleen Davison v. Paul A. Davison, III and State of Louisiana Department of Children and Family Services, (La. Ct. App. 2023).

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KATHLEEN DAVISON NO. 2023 CW 0394

VERSUS

PAUL ADKINS DAVISON, III JULY 18, 2023

In Re: Kathleen Davison, applying for rehearing, Family Court in and for the Parish of East Baton Rouge, No. 169, 757.

BEFORE: THERIOT, WOLFE, AND MILLER, JJ.

WRIT GRANTED WITH ORDER. On March 6, 2023, the trial court signed a written judgment in this matter rendering judgment on various pleadings filed by the parties following a February 6, 2023 trial on the merits. In particular, the March 6, 2023 judgment set child support arrearages owed by Paul A. Davison, III (" Paul") in the amount of $ 66, 257. 18 as of February 28, 2023, and made that sum executory. However, the March 6, 2023 judgment did not render judgment on claims raised by relator, Kathleen Davison (" Kathleen"), in her reconventional demand filed on April 12, 2022. Kathleen' s reconventional demand alleges Paul failed to make an equalization payment pursuant to an August 6, 2012 partition judgment, and this claim appears factually related to the calculation of Paul' s child support arrearages. Furthermore, the February 6, 2023 trial transcript indicates that the trial court heard evidence from both parties Kathleen' s regarding reconventional demand. Therefore, we find the trial court erred by failing to render judgment on the claims alleged in Kathleen' s reconventional demand. See Smith v. White, 398 So. 2d 178 ( La. App. 3d Cir. 1981) and Smitherman, Lunn, Chastain & Hill v. Killingsworth, 561 So. 2d 816 ( La. 2d Cir. App. 1990) . Accordingly, the March 6, 2023 judgment is vacated, and this matter is remanded to the trial court for rendition of a judgment addressing all claims litigated during the 6, 2023 February trial on the merits, including those set forth in Kathleen Davis' s reconventional demand.

MRT EW SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT

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KATHLEEN DAVISON NO. 2023 CW 0394

VERSUS

PAUL ADKINS DAVISON, III JULY 18, 2023

In Re: Kathleen Davison, applying for rehearing, Family Court in and for the Parish of East Baton Rouge, No. 169, 757.

BEFORE: THERIOT, WOLFE, AND MILLER, JJ.

WRIT GRANTED WITH ORDER. On March 6, 2023, the trial court signed a written judgment in this matter rendering judgment on various pleadings filed by the parties following a February 6, 2023 trial on the merits. In particular, the March 6, 2023 judgment set child support arrearages owed by Paul A. Davison, III (" Paul") in the amount of $ 66, 257. 18 as of February 28, 2023, and made that sum executory. However, the March 6, 2023 judgment did not render judgment on claims raised by relator, Kathleen Davison (" Kathleen"), in her reconventional demand filed on April 12, 2022. Kathleen' s reconventional demand alleges Paul failed to make an equalization payment pursuant to an August 6, 2012 partition judgment, and this claim appears factually related to the calculation of Paul' s child support arrearages. Furthermore, the February 6, 2023 trial transcript indicates that the trial court heard evidence from both parties Kathleen' s regarding reconventional demand. Therefore, we find the trial court erred by failing to render judgment on the claims alleged in Kathleen' s reconventional demand. See Smith v. White, 398 So. 2d 178 ( La. App. 3d Cir. 1981) and Smitherman, Lunn, Chastain & Hill v. Killingsworth, 561 So. 2d 816 ( La. 2d Cir. App. 1990) . Accordingly, the March 6, 2023 judgment is vacated, and this matter is remanded to the trial court for rendition of a judgment addressing all claims litigated during the 6, 2023 February trial on the merits, including those set forth in Kathleen Davis' s reconventional demand.

MRT EW SMM

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT

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