Michael Glass v. Patricia M. Glass

CourtLouisiana Court of Appeal
DecidedMay 30, 2007
DocketCA-0007-0124
StatusUnknown

This text of Michael Glass v. Patricia M. Glass (Michael Glass v. Patricia M. Glass) 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
Michael Glass v. Patricia M. Glass, (La. Ct. App. 2007).

Opinion

DO NOT PUBLISH

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

07-124

MICHAEL GLASS

VERSUS

PATRICIA M. GLASS

**********

APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, NO. 213,870 HONORABLE HARRY F. RANDOW, DISTRICT JUDGE

J. DAVID PAINTER JUDGE

Court composed of Michael G. Sullivan, Billy Howard Ezell, and J. David Painter, Judges.

AFFIRMED IN PART, REVERSED IN PART, AND RENDERED.

Jeffrey H. Thomas P.O. Box 548 Natchitoches, LA 71458-0548 Counsel for Defendant-Appellant: Patricia M. Glass

Terry Aubin 3600 Jackson St., Ste. 107 Alexandria, LA 71303 Counsel for Plaintiff-Appellee: Michael Glass PAINTER, Judge.

Patricia Glass appeals the trial court’s judgment partitioning the community

of acquets and gains formerly existing between her and Michael Glass. Michael

Glass answers the appeal.

FACTS AND PROCEDURAL HISTORY

Michael and Patricia Glass were married on February 2, 1997, in Alexandria,

Louisiana. Michael filed a petition for divorce on July 21, 2003, praying for a

partition of the community property and debts. A judgment of divorce was entered

on February 9, 2004. The partition was heard in November 2005. The trial court

gave extensive written reasons and entered judgment as follows:

ORDERED that judgment is rendered allocating to Patricia Glass the following community assets:

1. A certain piece, parcel or lot of ground, together with all buildings and improvements thereon located, and all rights, ways and privileges thereunto appertaining, being, lying and situated in Alexandria, Rapides Parish, Louisiana, and being more particularly described as Lot Nineteen (19) of the Riverwynd Subdivision, being a subdivision of Lot Four (4) of the Culpepper & Hundley Subdivision of Flowerton Plantation in Section 23, Township 3 North, Range 1 West, Rapides Parish, Louisiana, all as is more fully shown by official plat of survey recorded at Plat Book 17, Page 108, Records of Rapides Parish, Louisiana;

2. A certain piece, parcel or lot of ground, together with all buildings and improvements thereon located, and all rights, ways and privileges thereunto appertaining, being, lying and situated in Alexandria, Rapides Parish, Louisiana, and being more particularly described as Lot Twenty (20) of the Riverwynd subdivision, being a subdivision of part of Lot Four (4) of the Culpepper & Hundley Subdivision of Flowerton Plantation in Section 23, Township 3 North, Range 1 West, Rapides Parish, Louisiana, all as is more fully shown by official plat of survey recorded at Plat Book 17, Page 108, records of Rapides Parish, Louisiana;

3. Hibernia account 77374216;

1 4. Those monies already received by her from the sale of the parties’ airplanes and related business;

5. That certain 1993 Buick automobile in her possession; and

6. The miscellaneous funds remaining in the bank account(s) of Patricia Glass; it is further

ORDERED that judgment is rendered allocating to Michael Glass the following community assets:

1. A certain piece, parcel or tract of land, together with all buildings and improvements located thereon, and all rights, ways and privileges, thereunto appertaining, being, lying and situated in Rapides Parish, Louisiana and being more particularly described as follows, to-wit:

Lot Two (2) of Chester Place, as per plat thereof recorded in Plat Book 2, Page 129, of the records of Rapides Parish, Louisiana; subject to restrictions servitudes, right-of-ways and outstanding mineral rights of record affecting the property;

2 A certain piece, parcel or tract of land, together with all buildings and improvements located thereon, all rights, ways, privileges, thereunto appertaining, being, lying and situated in Parish of Rapides, State of Louisiana and being more particularly described as follows:

Part of Lot Two (2), Square Two (2) of Wheadon-Powers Subdivision, as per plat thereof recorded in Plat Book 2, Page 128, records of Rapides Parish, Louisiana being more fully shown within dark lines on Certificate of Survey by Daniel D. Sandefur dated September 16, 1977, attached to Act of Cash Sale dated September 29, 1977 filed and recorded September 30, 1977, Conveyance Book 915, Page 796, records of Rapides Parish, Louisiana;

3. The US savings bonds in his possession;
4. The Ameritrade account in his name;

5. The entirety of those funds presently maintained in the trust account of The Aubin Law Firm, a Professional Corporation;

6. Red River Bank account 2067171;
7. Red River Bank account 2067189;

2 8. Hibernia account 773104190;

9. Those monies already received by him from the sale of the parties’ airplanes and related business; and

10. First Colony Life Insurance Company policy number 2926311; it is further

ORDERED that the parties shall execute all documents necessary to implement the allocation of assets set forth above; it is further

ORDERED that the following community liabilities are allocated to Michael Glass:

1. Debt secured by mortgage and owed to Red River Bank, account number 1000258402;

2. Debt owed to Hibernia Bank, account number 85742221; and

3. Debt owed to Red River Bank, account number 1000254803; it is further

ORDERED that the parties’ respective reimbursement claims totaling $256,530.33 for Michael Glass and $301,198.49 for Patricia Glass; it is further

ORDERED that Patricia Glass owes Michael Glass a cash equalizing sum for the difference in net assets allocated, and that cash equalizing sum is $41,384.00;

Accordingly, considering the net reimbursement owed and also considering the cash equalizing sum owed, all as mentioned above, it is further

ORDERED that single money judgment is hereby rendered herein, representing net reimbursement owed and also representing the cash equalizing sum, in favor of Patricia Glass and against Michael Glass in the principal sum of $3,284.16 plus legal interest thereon from August 22, 2006 until paid in full; it is further

ORDERED that all other claims of each of the parties regarding assets and debts and also regarding reimbursement are denied; . . . .

Neither party disputes the trial court’s apportionment of the assets or the

conclusion reached as to the amount of the cash equalizing payment due as a result

of the unequal apportionment of those assets. The only matters before this court

3 concern the reimbursement claims of the parties. Patricia appeals the trial court’s

rulings regarding certain reimbursement claims. Michael answers the appeal also

disputing the trial court’s treatment of certain reimbursement claims and the trial

court’s denial of his claim that Patricia mismanaged a community business after the

termination of the community.

DISCUSSION

Standard of Review

Appellate courts review trial court findings of fact under the manifest error, clearly wrong standard. Rosell v. ESCO, 549 So.2d 840 (La.1989). Unless the trial court committed manifest error or was clearly wrong in its findings of fact, those findings will not be disturbed on appeal. Aymond v. Aymond, 99-1372 (La.App. 3 Cir. 3/1/00), 758 So.2d 886 . . . .

Appellate review of a question of law is simply a decision as to whether the lower court's decision is legally correct or incorrect. Phoenix Assur. Co. v. Shell Oil Co., 611 So.2d 709 (La.App. 4 Cir.1992).

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Michael Glass v. Patricia M. Glass, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-glass-v-patricia-m-glass-lactapp-2007.