Prudhomme v. Prudhomme

941 So. 2d 102, 2006 WL 2775128
CourtLouisiana Court of Appeal
DecidedSeptember 27, 2006
Docket2006-516
StatusPublished
Cited by1 cases

This text of 941 So. 2d 102 (Prudhomme v. Prudhomme) 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
Prudhomme v. Prudhomme, 941 So. 2d 102, 2006 WL 2775128 (La. Ct. App. 2006).

Opinion

941 So.2d 102 (2006)

Joann PRUDHOMME
v.
Sammy PRUDHOMME.

No. 2006-516.

Court of Appeal of Louisiana, Third Circuit.

September 27, 2006.

*103 H. Douglas Hunter, Guglielmo, Lopez, Tuttle, Hunter & Jarrell, Opelousas, LA, for Defendant/Appellant, Sammy Prudhomme.

Kathy F. Meyers, Ville Platte, LA, for Plaintiff/Appellee, Joanna Prudhomme.

Court composed of OSWALD A. DECUIR, MARC T. AMY, and BILLY HOWARD EZELL, Judges.

*104 AMY, Judge.

The defendant was found in contempt of court for not paying $9,190.50 in support arrearage. The defendant made an initial payment of $3,500.00. He argues that he and the plaintiff subsequently entered into a settlement agreement whereby he would pay $3,000.00 to the plaintiff and deliver a riding lawnmower to her. This agreement, which was to extinguish the arrearage, was ruled invalid by the trial court. On subsequent motion, the defendant was again found in contempt of court, and the trial court ordered that he pay the remaining arrearage. The defendant appeals this latter judgment. For the following reasons, we affirm.

Factual and Procedural Background

The record indicates that the plaintiff, Joanna Christy Weeks Prudhomme, and the defendant, Sammy Curtis Prudhomme, were married in September 1981. Ms. Prudhomme filed for divorce in May 2003; in her petition, she requested spousal support as well as child support for the parties' three minor children. The judgment of divorce was signed on January 16, 2004, and an income assignment order was issued April 8, 2004, whereby $1,476.00 per month for child support was to be deducted from Mr. Prudhomme's wages.

On June 23, 2004, Ms. Prudhomme filed a rule for contempt of court for failure to pay child support and spousal support. In its judgment dated December 30, 2004, the trial court found that "Sammy Curtis Prudhomme is delinquent and in arrears in the amount of . . . $9,190.50[,] and that said delinquent amount is hereby made executory immediately, together with legal interest thereon from date of judicial demand." The trial court ordered Mr. Prudhomme to serve ninety days in parish jail, which was to be suspended if the arrearage was paid within ninety days of the judgment. He was also ordered to pay $1,000.00 in attorney fees.

On January 7, 2005, Mr. Prudhomme filed a motion for new trial, which the trial court denied. Shortly thereafter, Mr. Prudhomme tendered $3,500.00 to Ms. Prudhomme. As the entire arrearage was not paid, Ms. Prudhomme filed another rule for contempt on April 12, 2005, which was later continued without date. Two weeks later, Mr. Prudhomme filed a motion and order for suspensive and/or devolutive appeal.

According to Mr. Prudhomme, on May 16, 2005, he and Ms. Prudhomme allegedly entered into an agreement whereby the parties "came to a mut[u]al agreement regarding all arre[a]rages and all community settlements[.]" According to the agreement, Mr. Prudhomme was to pay Ms. Prudhomme $3,000.00 and deliver a riding lawnmower to her. Mr. Prudhomme maintained that he fulfilled his obligations under the agreement and that because of this, he did not deem it necessary to pay the costs for his appeal.

Arguing that no settlement had been reached, Ms. Prudhomme filed a motion and order to dismiss Mr. Prudhomme's appeal of the December 30, 2004 judgment for failure to pay court costs. Mr. Prudhomme opposed the motion, arguing that Ms. Prudhomme signed the settlement agreement, he fulfilled his obligations, and he relied on this agreement to his detriment. Following a hearing, the trial court granted the motion to dismiss.

Ms. Prudhomme subsequently requested that her rule for contempt, which was previously filed on April 12, 2005, be reset. Mr. Prudhomme responded by filing an exception of prematurity and an answer. At the hearing on the rule for contempt, Mr. Prudhomme proffered testimony regarding a $3,000.00 payment allegedly made pursuant to the terms of a purported *105 settlement agreement.[1] At that time, Mr. Prudhomme explained that he had paid $3,500.00 toward the arrearage. He testified that Ms. Prudhomme told him that the $1,000.00 in attorney fees was paid from this amount.

Ms. Prudhomme acknowledged in her proffered testimony that she received and negotiated the $3,000.00 check from Mr. Prudhomme; however, she indicated that the terms of the settlement agreement were not fulfilled because Mr. Prudhomme did not return the riding lawnmower "as we discussed." Furthermore, according to Ms. Prudhomme's proffered testimony, she informed Mr. Prudhomme that her attorney had already taken the $1,000.00 in attorney fees out of the $3,500.00 that he had given to her. She testified that she explained to Mr. Prudhomme that "he owed her [Ms. Prudhomme's attorney] the money back because she owed me."

At the contempt hearing, Ms. Prudhomme testified that despite some payments made to her, Mr. Prudhomme owed $3,142.50 in arrearage, excluding the $1,000.00 in attorney fees.

In its January 31, 2006 judgment, the trial court ordered Mr. Prudhomme to pay arrearage in the amount of $3,142.50 and $1,000.00 in attorney fees from the previous judgment as well as an additional $500.00 in attorney fees for the costs of those proceedings. The trial court sentenced Mr. Prudhomme to sixty days in jail. It is from this judgment that Mr. Prudhomme appeals, asserting two assignments of error:

1. The trial court erred in finding that the settlement agreement entered into between the parties on May 16, 2005 is invalid.
2. The trial court erred in the January 31, 2006 judgment in calculating the amount remaining to be paid by Sammy Curtis Prudhomme under the judgment of December 30, 2004.

Discussion

Settlement Agreement

Mr. Prudhomme argues that the settlement agreement that he and Ms. Prudhomme entered into on May 16, 2005, was valid and that the terms of the agreement were met. He specifically points out that Ms. Prudhomme negotiated the $3,000.00 check, the memo line of which contained the notation: "Final Payment per Agreement of 5/16/05." Mr. Prudhomme contends that this payment, along with the delivery of the riding lawnmower, released him of his obligation to pay the remaining arrearage. He argues that Ms. Prudhomme's negotiation of the check indicates that she intended this matter to be settled and this constitutes a compromise of their dispute. Accordingly, he asserts that he did not deem it necessary to pay the costs of his appeal.

Louisiana Civil Code Article 3071 provides in pertinent part:

A transaction or compromise is an agreement between two or more persons, who, for preventing or putting an end to a lawsuit, adjust their differences by mutual consent, in the manner which they agree on, and which every one of them prefers to the hope of gaining, balanced by the danger of losing.
This contract must be either reduced into writing or recited in open court and capable of being transcribed from the record of the proceeding. This agreement recited in open court confers upon *106 each of them the right of judicially enforcing its performance, although its substance may thereafter be written in a more convenient form.

In Suire v. Lafayette City-Parish Consolidated Government, 04-1459, pp. 24-25 (La.4/12/05), 907 So.2d 37, 55, the supreme court stated:

A compromise agreement, like other contracts, is the law between the parties, and must be interpreted according to the parties' true intent. Boyette v.

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Related

Hulshoff v. Hulshoff
81 So. 3d 57 (Louisiana Court of Appeal, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
941 So. 2d 102, 2006 WL 2775128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prudhomme-v-prudhomme-lactapp-2006.