Munnerlyn v. Munnerlyn

179 So. 3d 747, 2015 La.App. 3 Cir. 739, 2015 La. App. LEXIS 2128
CourtLouisiana Court of Appeal
DecidedNovember 4, 2015
DocketNo. 15-739
StatusPublished

This text of 179 So. 3d 747 (Munnerlyn v. Munnerlyn) 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
Munnerlyn v. Munnerlyn, 179 So. 3d 747, 2015 La.App. 3 Cir. 739, 2015 La. App. LEXIS 2128 (La. Ct. App. 2015).

Opinion

AMY, Judge.

liThe plaintiff filed suit, seeking to enforce a-provision in her Texas divorce decree requiring the defendant to pay her health insurance expenses. • After a hearing, the trial court ordered that the defendant reimburse the plaintiff for previously paid health insurance premiums, but, finding that the plaintiff had not met her burden of proof, dismissed the plaintiffs claim for ongoing health insurance premiums. This appeal follows. For the following reasons, we reverse in part; amend in part and affirm as amended; and remand for further, proceedings.

Factual arid Procedural Background

The plaintiff, Mary Lorraine Munnerlyn, was formerly married ,to the defendant, Kenneth Wayne Munnerlyn, Jr. The parties sought a divorce in the Texas district court. In March of 2009, the parties entered into an agreed final decree of divorce, which was signed by the Texas' district court judge.' In part, the agreed divorce decree provided that:

-, The parties hereby agree that Kenneth Wayne Munnerlyn, Jr., shall provide Mary Lorraine Munnerlyn with health insurance, coverage that provides basic, health-care services, including usual physician services, office visits, hospitalization, and laboratory, X-ray, and emergency services, that may be provided through a health maintenance organization or other private or public organization, at, his sole cost and expense.

In November of 2014, Lorraine filed a petition to make'the foreign judgment ex-ecutory concerning the divorce decree, and that petition was granted.- Thereafter, she filed a. motion to enforce the divorce decree, alleging that Kenneth did not pay her insurance premiums.as required and, as of May 4, 2014, owed her $85,748.47. Lorraine also requested an order requiring Kenneth to continue to pay her health insurance - premiums, in the amounts of [750]*750$750.00 for December 2014 and $898.37 starting on January 1, 2015. .

12At a hearing on that issue, the parties stipulated that, as of May 4,2014, Lorraine paid $35,748.47. in insurance premiums and that Kenneth reimbursed her $11,980.20. Lorraine also testified that she obtained a new insurance policy with a monthly premium'of $750.60 for December 2014 and $898.37 thereafter. Kenneth testified that Lorraine never consulted him about the cost of the insurance policies she obtained and refused to provide him with any information about the specifics or costs of her policies. He also testified that he had found several comparable insurance policies with, at least preliminarily, substantially lower premiums.

The trial court entered judgment in favor of Lorraine for the unreimbursed portion of her previously-incurred health insurance premiums in the -amount of $23,768.27. However, finding that the provision concerning health insurance premiums was interim periodic spousal support, the trial court considered the issue of whether Kenneth would be required to continue to pay Lorraine’s health insurance premiums de novo. Thé trial court determined that Lorraine had notprésent-ed any information concerning hér need for spousal support and whether Kenneth was able to" pay. Accordingly,' the trial court found' that Lorraine had not met her burden of proof with regard to the issue of ongoing payment of Lorraine’s health insurance premiums and denied her request.

Lorraine appeals, asserting- that the trial court erred in failing to award legal interest on the judgment from the date of judicial demand; in not recognizing and enforcing 'the Texas divorce decree; in finding that the Texas divorce decree provided for interim periodic spousal support; and in denying her request for ongoing payment of her health insurance premiums.

laPiscussion

Full Faith and Credit

As Lorraine noted in her pre-trial memorandum, this proceeding addresses two issues: 1) Lorraine’s claim for reimbursement for previously-paid health insurance pursuant to the Texas divorce decree and 2) Lorraine’s claim for ongoing payment of her health insurance premiums starting December 1, 2014.' Lorraine contends that the trial court erred in failing to recognize and enforce the Texas divorce decree; in determining that the Texas divorce decree awarded interim periodic spousal support; and in denying her request for ongoing payment of her health insurance premiums.

It is well-settled that Louisiana is required to give full faith and credit to the judgments of the courts of its sister states. U.S. Const. art. 4, § 1; Johnson v. Williams, 49,749 (La.App. 2 Cir. 4/15/15), 163 So.3d 880. Thus, a foreign judgment is entitled to at least the res judicata effect to which it would be entitled in the state that rendered the judgment. Nolan v. Fifteenth Judicial Dist. Attorney’s Office, 10-1093 (La.App. 3 Cir. 4/6/11), 62 So.3d 805 (quoting Durfee v. Duke, 375 U.S. 106, 84 S.Ct. 242, 11 L.Ed.2d 186 (1963)), writ denied, 11-1350 (La.9/2/11), 68 So.3d 520. However, a foreign judgment may not be entitled to full faith and credit where the rendering forum lacked jurisdiction or where a collateral attack on the judgment would have been permitted in the state that rendered the judgment. Johnson, 163 So.3d 880. In both cases, the burden lies on the litigant seeking to deny full faith and credit to the foreign judgment. Id.

Our review of the record reveals nothing indicating that the parties contest[751]*751ed the jurisdiction of the Texas court or suggesting that, the Texas divorce decree was subject to collateral attack. Thus, we find that the Texas divorce decree was [¿entitled to full faith arid credit. With regard to claims for previously-incurred health insurance premiums, we note that the parties stipulated as to the amounts incurred by Lorraine and the reimbursements previously paid by Kenneth. Further, given the res judicata effect of the Texas divorce decree, we find no error in the trial court’s award for those previously-incurred health insurance premiums.

Request for Payment of Ongoing Health Insurance Premiums

With regard to Lorraine’s claims for payment of her ongoing health insurance premiums, the trial court’s reasons for judgment indicate that the trial court determined that because the Texas divorce decree contained no indication of whether the payments were intended to be permanent or when they were to terminate, that ongoing payment of.. Lorraine’s monthly premiums was interim periodic spousal support. Thus, the trial court considered the issue de novo and ultimately found that, because Lorraine did not prove that she was entitled to final periodic support, she was not entitled to any further payments for health insurance premiums from Kenneth.

As previously discussed, the Texas divorce decree is entitled to full faith and credit in our Louisiana courts, and is considered res judicata to the extent that it would be afforded such in Texas, the rendering state. Nolan, .62 So.3d 805. Further, the burden of proving that the Texas divorce decree is not entitled to full faith and credit lay on Kenneth, the party contesting his obligations under the decree. Johnson, 163 So.3d 880.1 Kenneth contested his obligation to make ongoing payments for the health insurance-premiums pursuant to the Texas divorce decree.

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Harmon v. Harmon
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Johnson v. Williams
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Bluebook (online)
179 So. 3d 747, 2015 La.App. 3 Cir. 739, 2015 La. App. LEXIS 2128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munnerlyn-v-munnerlyn-lactapp-2015.