Schultz v. Doyle

727 So. 2d 691, 1999 WL 44854
CourtLouisiana Court of Appeal
DecidedFebruary 3, 1999
Docket98-1113
StatusPublished
Cited by10 cases

This text of 727 So. 2d 691 (Schultz v. Doyle) 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
Schultz v. Doyle, 727 So. 2d 691, 1999 WL 44854 (La. Ct. App. 1999).

Opinion

727 So.2d 691 (1999)

Gayle Louise SCHULTZ, etc., Plaintiff-Appellant,
v.
Wavy H. DOYLE, et al., Defendant-Appellee.

No. 98-1113.

Court of Appeal of Louisiana, Third Circuit.

February 3, 1999.
Rehearing Denied March 10, 1999.

Mark Christopher Landry, Metairie, for Gayle Louise Schultz, etc.

Robert G. Nida, Alexandria, for Wavy H. Doyle, et al.

Before THIBODEAUX, AMY and SULLIVAN, Judges.

AMY, Judge.

In this matter concerning the enforcement of a foreign judgment in Louisiana pursuant to the Uniform Enforcement of Foreign Judgments Act, the plaintiff asks this court to review the trial court's order granting the defendants' request to enjoin the sheriff's sale of their home pursuant to a writ of fieri facias. Further, the plaintiff appeals the trial court's issuance of the preliminary injunction without bond. Finding that these issues have been previously considered in a writ *692 application to this court, and, further, finding no error in our disposition of that writ, we affirm the ruling of the lower court.

Factual and Procedural Background

This appeal arises out of a Texas domestic dispute between the plaintiff, Gayle Louise Schultz, formerly known as Gayle Louise Doyle, and her former husband, Jerry Wayne Doyle. On February 20, 1996, in her third amended counter-petition for divorce brought in the Texas proceedings, Plaintiff alleged that her former husband had conspired with his parents, Defendants Wavy H. Doyle and Era L. Doyle, to conceal community assets from Plaintiff, thereby defrauding her of her interest in the community. According to Plaintiff, the basis of this allegation was her former husband's purported act of wiring money from their bank account into his parents' account in an effort to hide it from her.

Defendants were served with process pursuant to Texas law, and, on March 7, 1996, Defendants appeared through counsel and filed a special appearance and general denial, in which they contested personal jurisdiction over them in Texas. However, Defendants subsequently filed a motion to withdraw that special appearance and, further, requested sanctions against Plaintiff. On September 13, 1996, Defendants' counsel filed a motion to withdraw as their counsel of record, which motion was granted. In that motion, Defendants were informed of the impending trial date and were also given an opportunity to contest the motion. In response, Defendants consented to the motion for withdrawal by letter, which letter is attached to the order granting the withdrawal. The Texas trial was held on October 21, 1996, and, although Defendants had been informed of that trial date, they failed to appear. Judgment was rendered in that matter, awarding Plaintiff $100,000 in punitive damages against her former husband and Defendants, as well as attorney's fees. Defendants subsequently filed a motion for new trial, but this motion was denied by the Texas trial court.

On January 26, 1998, the Louisiana proceedings in this matter began. On that date, Plaintiff filed a petition in which she sought to file and make executory the Texas judgment. In filing that petition, Plaintiff was proceeding under the Uniform Enforcement of Foreign Judgments Act, found at La.R.S. 13:4241 et seq. The return receipt found within the record indicates that Defendants received notice of the filing pursuant to La. R.S. 13:4243 on January 29, 1998. Defendants responded by filing an answer and reconventional demand, as well as an alternative motion, in which motion they incorporated by reference those defenses and grounds asserted in their answer and reconventional demand. Those defenses were directed at annulling and vacating the Texas judgment. On March 6, 1998, Plaintiff filed a motion for an order recognizing the Texas judgment. On March 9, 1998, the trial court issued an order whereby it "recognize[d] as its own" the Texas judgment. That order further stated that execution would issue on the Texas judgment "as it would on a judgment of a court of this state." On March 11, 1998, Defendants filed an opposition to Plaintiff's motion for the entry of an ex parte order recognizing the Texas judgment in which they stated that invoking La. R.S. 13:4241 "does not make the proceeding other than an ordinary proceeding." On March 12, 1998, Plaintiff requested the issuance of a writ of fieri facias, so as to enable her to seize Defendant's home in satisfaction of her Texas judgment. This request was filed on March 16, 1998. Additionally, on those same dates, Plaintiff requested the recordation of a certified copy of the Texas judgment along with the Louisiana order in the Rapides parish mortgage records. Notice of seizure was filed on March 27, 1998, with the signed sheriffs return of the notice of seizure being filed on March 30, 1998. On April 13, 1998, Defendants filed a petition in which they sought the annulment of the Louisiana order, as well as injunctive relief. On May 4, 1998, the trial court issued an order recalling and vacating its March 9, 1998 order recognizing the Texas judgment. In that May 4, 1998 order, the court stayed the "recognition and enforcement of the Texas judgment ... pending a hearing on the issue of whether the Texas judgment is entitled to full faith and credit" in Louisiana. On May 6, 1998, the trial court granted Defendants' request for a preliminary injunction, and thereby enjoined *693 the Rapides Parish Sheriff from selling Defendants' home. Additionally, the court ordered the writ of fieri facias revoked and the order of seizure and sale canceled from the public records. In granting the injunction, the court further dispensed with the posting of security. Additionally, the trial court denied Plaintiffs exceptions of no cause of action and prescription, as well as her motion to strike Defendants' answer, reconventional demand, and request for jury trial. This judgment was filed on May 12, 1998. On May 18, 1998, Plaintiff noticed her intent to apply for writs to this court, seeking review of both the trial court order dated May 4, 1998, and the judgment signed on May 6, 1998. On May 20, 1998, Plaintiff perfected the instant appeal.

In this appeal, Plaintiff presents the following assignments of error for our review:

1. The trial court vacated its March 9, 1998, order allowing Ms. Schultz to execute the Texas judgment, granted a preliminary injunction enjoining the sheriff from executing the judgment, recalled the writ of fieri facias, and ordered the notice of seizure cancelled [sic]. Was this error?
2. The trial court issued the preliminary injunction without bond. Was this error?

Discussion

On June 2, 1998, Plaintiff applied for writs of certiorari and mandamus to this court, presenting the following specifications of error for our review:

1. The trial court vacated its March 9, 1998, order allowing Ms. Schultz to execute the Texas judgment, granted a preliminary injunction enjoining the sheriff from executing the judgment, recalled the writ of fieri facias, and ordered the notice of seizure cancelled [sic]. Was this error?
2. The trial court issued the preliminary injunction without bond. Was this error?
3. The trial court failed to grant Ms. Schultz's Motion to Strike, directed to the Answer and Reconventional Demand. Was this error?
4. The trial court failed to grant the alternative exception of prescription, as to the reconventional demand, when the cause of action, alleged to arise under the Civil Rights Act, accrued more than a year prior to the filing of the reconventional demand.

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Bluebook (online)
727 So. 2d 691, 1999 WL 44854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schultz-v-doyle-lactapp-1999.