Neivens v. Estrada-Belli

228 So. 3d 238, 2017 WL 4277446
CourtLouisiana Court of Appeal
DecidedSeptember 27, 2017
DocketNO. 2017-CA-0225
StatusPublished
Cited by3 cases

This text of 228 So. 3d 238 (Neivens v. Estrada-Belli) 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
Neivens v. Estrada-Belli, 228 So. 3d 238, 2017 WL 4277446 (La. Ct. App. 2017).

Opinion

Judge Terrel J. Broussard,

Pro Tempore

| j Defendant-Appellant, Francisco Estrada-Belli, appeals the judgment of the Orleans Parish Civil District Court. dated October 7, 2016, in favor of Plaintiff-Ap-pellee, Nina D. Neivens.

Appellant asserts three (3) assignments of error:

1. The district court erred in holding that the prenuptial agreement is valid and enforceable in Louisiana, and subsequently dismissing Appellant’s demand for partition of community property and granting Appellee’s rule to enforce the prenuptial agreement and request for attorney’s fees and costs.
2. The district court erred by failing to apply the conflict of laws principles prescribed by the Louisiana Civil Code, thereby enforcing the terms of the prenuptial agreement and dismissing Appellant’s demand for partition of community property, demand for final spousal support, and granting Appellant’s attorney’s fees and costs.
3. The district court erred in dismissing Appellant’s Motion for Continuance of Interim Spousal Support and terminating Appellant’s interim spousal support retroactive to the date of divorce while a demand for final spousal support was pending.

For the reasons that follow, ■ the trial court’s ruling is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND:

On April 8, 2015, Appellee filed in the district court a “Petition for Divorce Pursuant to La.C[iv].C[ode]. Art. 102 (With Minor Children)”. In the petition, Appellee alleged, “The parties are separate in property, pursuant to a Prenuptial Agreement which they signed shortly before their marriage in 2004.” Also, on April 8, 2015, a Consent Judgment was signed by the district court. As part of the judgment, Ap-pellee was ordered to pay interim spousal support in the amount of $2,300.00 per month beginning April 1, 2015. The order provided the support “shall terminate by operation of law or pursuant to further agreement of the parties.” (emphasis added.)

On March 8, 2016, Appellant filed an “Answer and Reconventional Demand”. In answering the petition, Appellant denied the parties agreed to a separate property regime stating in pertinent part: “a community property regime exits between them, and Defendant specifically denies the validity and legal enforceability of any purported Prenuptial Agreement signed before the marriage.” Additionally, Appellant sought to partition the community property, to continue interim spousal support, and to be awarded final spousal support. Subsequently, on May 4, 2016, the Judgment of Divorce was rendered.

In response to Appellant’s request to partition the community property, Appel-lee asserted, as an .affirmative defense, the existence of a prenuptial agreement. Additionally, Appellee moved to enforce the prenuptial agreement, for termination of spousal support, and to be awarded attorney’s fees. The district court ordered - a rule to show cause, and a hearing was held on September 26, 2016.

Appellant also filed in’the district court a “Supplemental and Amending Recoven-tional Demand”. One of his requests was to continue interim spousal support due to his change in employment circumstances.

A transcript of the hearing held on September 26, 2016, reveals that Appellant was not present, and his attorney moved for a continuance. Appellant’s attorney informed the .court he did not know “the circumstances of his. absence.” The trial court denied the continuance, and the hearing proceeded in the-absence of the Appellant. . - ,

| a At the hearing, Appellee testified that she and Appellant signed,- in the presence of a notary, a prenuptial agreement' on February 28, 2004, in the State of Tennessee. Appellee specifically identified the prenuptial agreement signed by her and Appellant.1 Appellee testified she and Appellant were married in August, 2004 in Guatemala.- She confirmed that she and Appellant entered into a “separate property marriage,” which was specifically referenced during the marriage ceremony. Counsel for Appellant conceded Appellee’s requests for admissions had not been answered by Appellant. Consequently, the facts contained in the requests for admissions were deemed admitted. Counsel for Appellee explained that the requests for admissions sought the admission or denial of the authenticity of the prenuptial agreement as well as the admission of the validity of the Appellant’s signature on the agreement. Additionally, Appellee testified the couple established their domicile in New Orleans in July 2012.2 They resided in New Orleans until their marriage ended May 4, 2016, when the judgment of divorce was rendered.3 Appellant’s attorney did not present any witnesses or introduce.any evidence that traversed the representation of the Appellee regarding the prenuptial agreement, or the establishment of a matrimonial regime by the parties in Louisiana.

LThe trial court ruled in favor of Appel-lee'and gave oral and written reasons for its judgment. The trial court concluded that the prenuptial -agreement was valid and enforceable. Additionally, the court dismissed Appellant’s requests for partition of community property, for final spousal support, and for continued payment of interim spousal support. The judgment. terminated interim spousal support retroactive to May 4, 2016, and attorney’s fees and cost wex-e awarded to Appellee.

Following the trial court’s ruling, Appellant filed a Motion for New Trial, and Appellee petitioned for dismissal of the motion which was granted by the district court.

STANDARD OF REVIEW:

The court will conduct a de novo review pursuant to the standard of appellate review provided for by the jurisprudence of this circuit. In Felix v. Safeway Ins. Co., 15-0701 (La.App. 4 Cir. 12/16/15), 183 So.3d 627, 631, this court addressed the standard of review when only legal issues' are to be determined explaining in pertinent part:

Likewise, “[i]n a case involving no dispute regarding material facts, but only the determination of a legal issue, a reviewing court must apply the de novo standard of review, under which the trial, court’s legal conclusions are not entitled to deference.” TCC Contractors, Inc. v. Hosp. Serv. Dist. No. 3 of Parish of Lafourche, 10-0685, p. 8 (La. App. 1 Cir. 12/8/10), 52 So.3d 1103, 1108 (citing Kevin Associates, L.L.C. v. Crawford, 03-0211, p. 15 (La. 1/30/04), 865 So.2d 34, 43); see also Benson v. ABC Ins. Co., 12-517, 12-385, p. 2 (La. App. 3 Cir. 11/7/12), 106 So.3d 143, 145, writ denied, 12-2650 (La. 2/8/13), 108 So.3d 86.

In this case, there are no material facts in dispute for the following reasons: 1) Appellant failed to appear at the hearing, and Appellant’s attorney -did not present any witnesses or evidence to rebut Appellee’s factual assertions; and 2) Appellant, Rby failing to answer the requests for admissions, admitted he signed the prenuptial agreement. Under such circumstance, a de novo review is appropriate.

A similar circumstance was presented in Barber v. Barber, 09-0780, (La.App. 1 Cir. 5/7/10), 38 So.3d 1046. There a couple entered into a matrimonial agreement, under Louisiana law, prior to their marriage.

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Bluebook (online)
228 So. 3d 238, 2017 WL 4277446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neivens-v-estrada-belli-lactapp-2017.