Pucheu v. Pucheu

904 So. 2d 69, 2005 La. App. LEXIS 1413, 2005 WL 1231783
CourtLouisiana Court of Appeal
DecidedMay 25, 2005
DocketNo. 2004-1372
StatusPublished

This text of 904 So. 2d 69 (Pucheu v. Pucheu) 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
Pucheu v. Pucheu, 904 So. 2d 69, 2005 La. App. LEXIS 1413, 2005 WL 1231783 (La. Ct. App. 2005).

Opinions

GENOVESE, Judge.

This appeal presents the question of whether mental illness was sufficiently proven so as to excuse the fault of the wife in the break up of the marriage for purposes of final periodic support. The trial court found that the wife was excused from fault and awarded $2,000.00 per month in final periodic support. For the following reasons, we reverse.

FACTS

John Pucheu (“John”) and Maxine Gui-dry Pucheu (“Maxine”) were married on December 9, 1988, separated January 9, 2000, and divorced on August 14, 2002. Prior to their marriage, Maxine was employed by the Louisiana Legislature and John was practicing law in Eunice, Louisiana. Upon marrying, Maxine left her job and moved to the Pucheu family home in Eunice. Maxine had no prior children. John had three children from a previous marriage. The couple had no children together, but raised John’s three children, who are now adults.

Following a four-day trial on the issues of fault and final periodic support, the trial court found that Maxine’s behavior during the marriage constituted fault which led to the dissolution of the marriage. However, the trial court held that Maxine’s fault was excused due to her pre-existing mental illness and awarded her final periodic support in the amount of $2,000.00 per month. John appeals.

ISSUE

The issue presented is whether the trial court erred in finding that Maxine Guidry Pucheu’s mental illness excused her from fault thereby entitling her to final periodic support.

[71]*71LAW AND DISCUSSION

Louisiana Civil Code article 111 provides that a court “may award final periodic support to a party free from fault prior to the filing of a proceeding to terminate the marriage.”

18In the present case, the trial court found that Maxine’s behavior during the marriage constituted fault which led to the dissolution of the marriage. We agree with the following factual findings of the trial court which are well supported by the evidence in the record:

It is the factual finding of this Court that Mrs. Pucheu’s actions as proven by Mr. Pucheu include, but are not limited to, her refusal to participate in family activities, including all of the daily activities of dining together and care of the minor children, failure to properly communicate to her spouse and children, failure to perform household chores, isolation of herself from other members of the immediate family, cruel treatment, and outrages. When these instances of misconduct are combined with each other it is this Court’s factual finding that they rose to the level of fault and led to the ultimate dissolution of the marriage.

Even though the trial court found that Maxine was at fault in the break up of the marriage, the trial court went on to state that the “behavior which constituted fault in the dissolution of the marriage was involuntarily induced over an extended period of time by her preexisting mental illness and excuses her of the same.” In reaching this conclusion, the trial court relied upon Credeur v. Lalonde, 511 So.2d 65 (La.App. 3 Cir.), writ denied, 513 So.2d 822 (La.1987) which states as follows:

This Court further finds that the length of treatment and mental illness documentation presented is more than sufficient to allow this Court to form a reasonable factual basis of the reason for her conduct. Furthermore, particular medical expert testimony is not required for each instance of misconduct at each particular junction of her illness including symptoms which arose to the level of misconduct that constituted fault in the marriage’s dissolution when such a reasonable factual basis for their cause exists.

However, this court finds that the trial court erred as a matter of law by misinterpreting and misapplying Credeur and the prior jurisprudence on mental illness as it relates to fault, or an excuse therefor, in the breakup of a marriage.

Relying on Credeur, the trial court reasoned that Maxine did not have to establish by medical evidence that all of her acts constituting fault were caused by her mental illness. This is a misstatement and misapplication of our holding in Credeur.

In Credeur, unlike the matter before us, this court was faced with examining only one assertion of fault based on abandonment. The evidentiary issue in Cred-eur arose when a spouse had been diagnosed with a schizophrenic disorder in February of 1984, and did not abandon the matrimonial domicile until August of 1984, some five months later. This court simply stated that the reasons given by the spouse for abandoning the matrimonial domicile were consistent with the diagnosed mental illness disorder, i.e., fear that her husband and daughter were going to do her bodily harm, and that a reasonable fact finder could conclude that there was a causal connection. In contrast, with Maxine, the medical witnesses were not clear concerning which actions were caused by her mental condition and which were not. Dr. Krishna Yalamanchili, Maxine’s treating psychiatrist for over twenty years, was unable to state with any degree of medical certainty or probability that Maxine’s mental illness was the cause of all of her [72]*72behavior constituting fault. Thus, we find as a matter of law, the trial court applied the wrong standard to the facts in evidence, and the error of law removes it from a manifest error analysis by this court.

When the court of appeal finds that a reversible error of law or manifest error of material fact was made, it is obligated to conduct a de novo review of the entire record-and render a judgment on the merits wherever possible. Rosell v. ESCO, 549 So.2d 840 (La.1989); Campo v. Correa, 01-2707 (La.6/21/02), 828 So.2d 502 (citing Ferrell v. Fireman’s Fund Ins. Co., 94-1252 (La.2/20/95), 650 So.2d 742.)

The record in this case reveals that Maxine had underlying emotional problems. However, the factual and medical evidence established long periods between documented medical treatment. Her first hospitalization occurred in 1982, six years before her marriage to John. At this time, Maxine was diagnosed with anxiety disorder and hysterical personality disorder. Despite her illness, she successfully Dworked at the Louisiana Legislature for eight years and continued to work there until the marriage. The next hospitalization did not occur until 1996, eight years after the marriage, when she was hospitalized for a personality disorder. Thereafter, she was not hospitalized again until 2001, which was one year after the parties separated for the last time. The diagnosis on this occasion was a major depressive disorder and unspecified personality disorder.

The record reveals that Maxine engaged in a variety of behavior. In addition to publicly criticizing her husband and refusing to participate with him in public events, Maxine did not cook, clean house, iron, or maintain any marital sexual relationship. She also exhibited bizarre behavior such as spending most of her time locked in her bedroom with her dog, maintaining the bedroom in such a manner that only the dog felt welcome, starting construction projects in the middle of the night, playing the television intolerably loud so as to alienate everyone in the house, engaging in screaming tantrums, cursing her husband, throwing objects, insisting that he make more money to maintain her required lifestyle, and requiring him to run errands for her during work hours.

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Bluebook (online)
904 So. 2d 69, 2005 La. App. LEXIS 1413, 2005 WL 1231783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pucheu-v-pucheu-lactapp-2005.