Skrantz v. Skrantz

617 So. 2d 206, 1993 WL 105691
CourtLouisiana Court of Appeal
DecidedApril 7, 1993
Docket92-503, 92-504
StatusPublished

This text of 617 So. 2d 206 (Skrantz v. Skrantz) 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
Skrantz v. Skrantz, 617 So. 2d 206, 1993 WL 105691 (La. Ct. App. 1993).

Opinion

617 So.2d 206 (1993)

Hazel Degeyter SKRANTZ, Plaintiff-Appellant,
v.
Emery SKRANTZ, Defendant-Appellee.
Emery SKRANTZ, Plaintiff-Appellee,
v.
Hazel Degeyter SKRANTZ, Defendant-Appellant.

Nos. 92-503, 92-504.

Court of Appeal of Louisiana, Third Circuit.

April 7, 1993.

*207 Lawrence Sandoz, Jr., Opelousas, for Emery Skrantz.

Robert F. DeJean, Opelousas, for Hazel D. Skrantz.

Margret Lahaye Edwards, Opelousas, for Partition.

Before STOKER, THIBODEAUX and SAUNDERS, JJ.

STOKER, Judge.

The plaintiff, Hazel Degeyter Skrantz, appeals the judicial partition of community property owned by her and the defendant, Emery Skrantz. Plaintiff filed a petition for separation, Docket No. C88-0536-D, and defendant subsequently filed a petition for divorce, Docket No. 89-C-0505-A. The trial court granted a motion to consolidate these cases and subsequently granted a divorce.[1] The sole issue in dispute in these *208 consolidated cases involves the partition of community property under the provisions of LSA-R.S. 9:2801. In this opinion we will refer to Hazel Degeyter Skrantz as the plaintiff and Emery Skrantz as the defendant.

In accordance with LSA-R.S. 9:2801, each party filed a sworn descriptive list of community assets. Apparently, the court appointed Ms. Margret L. Edwards, attorney at law, to assist the court in confecting the partition. The trial court rendered judgment partitioning the community assets and granting a servitude of passage on one of the tracts of land involved in the partition. From this judgment, the plaintiff appeals.

Plaintiff presents the following issues for our review:

1. Whether $78,674.14 paid by defendant to his brother, Sherby Skrantz, was actual payment of a valid community property debt owed to Sherby Skrantz, or whether the "payment" was made to deprive plaintiff of her one-half share of the community property;
2. Whether the trial court erred in awarding plaintiff only one-half of the net rather than gross retirement benefits paid to defendant from July 1988 through August 1989, and whether the trial court erred in failing to give plaintiff a credit or set-off for this accrued retirement income defendant owed to plaintiff; and
3. Whether the trial court abused its discretion in the manner in which it allocated and divided the parties' rights to receive repayment from their major children for money the parties loaned the children.

We reverse the trial court's judgment in part; affirm in part; remand in part for further proceedings.

Payment of $78,674.14 to Sherby Skrantz

On January 20, 1988, defendant gave his brother, Sherby Skrantz, $78,674.14. Defendant contends that he borrowed $37,000 from Sherby Skrantz in December of 1981, to purchase land and that the $78,674.14 was repayment of the $37,000 plus interest. Defendant's attorney stated in a letter to Ms. Edwards that defendant had a bank calculate the interest as the amount of interest which Sherby Skrantz would have received on the $37,000 if he had a certificate of deposit in that amount invested at 12%. Apparently, after receiving a request from Ms. Edwards to show how he arrived at the repayment figure of $78,674.14, defendant had the bank recalculate the amount based on what was due under the terms of the note, which resulted in a $64,917.26 figure. Ms. Edwards stated in a memorandum to the court that there was an overpayment of $13,756.88.

Plaintiff essentially contends that the money defendant paid to Sherby Skrantz was not actually owed as of January 20, 1988, because defendant had previously repaid the debt. Therefore, the $78,674.14 payment deprived her of community property. She contends this payment was a loss caused by fraud or bad faith in the management of the community.

The trial court held:

"1. The wife complains that the husband paid off a note (P-6) to his brother by using community certificates of deposit in violation of preliminary injunction that had been issued by the Court. She states that her husband should be held in contempt, pay attorney's fees and penalties and/or legal interest. The temporary restraining order against alienation of community property was issued on March 14, 1988 and the preliminary injunction of the same substance was issued on April 5, 1988. The evidence established that Emery Skrantz paid off the note on January 20, 1998 [sic], or two months before the TRO; consequently, the injunction could not have affected the transaction.
"The Court considers the obligation on the note (P-6) to be a valid community obligation. The interest was erroneously calculated and this resulted in an overpayment *209 of $13,756.88. This amount represents a sum paid in error. Each party will be allotted a one-half interest ($6878.44) each in the overpayment, and they may pursue their individual actions against Sherby Skrantz."

Initially, plaintiff asserts that she did not contend, at any time, that the $78,674.14 payment violated a temporary restraining order. We note that, while plaintiff contended at trial that defendant paid her alimony pendente lite out of her one-half of the community in violation of a restraining order, we have found nothing in the record showing that the plaintiff based her claim to one-half of the $78,674.14 on a violation of a restraining order. In any event, the trial court's conclusions in that regard do not affect our review.

More pertinent to this appeal, we find that the trial court erred in its implicit finding that the $78,674.14 payment was a valid payment of an existing community property debt. We particularly note that the trial court gave no discussion of the facts concerning the alleged payment of $78,674.14. The trial court dismissed the matter in a single sentence in its reasons for judgment:

"The Court considers the obligation on the note (P-6) to be a valid community obligation." This statement of factual finding is bare of any suggestion as to the basis of the trial court's conclusions on the subject and provides us with no guidance concerning his ruling.

As we appreciate the facts, defendant purchased the family estate of twenty acres at a sheriff's sale on December 9, 1981. Defendant borrowed $37,000 from Sherby Skrantz to purchase the estate. Exhibit P-6 shows a check issued to Howard Zerangue, the sheriff, signed by Sherby Skrantz, and dated December 9, 1981. Exhibit P-6 also shows a promissory note made to Sherby Skrantz by defendant for $37,000 plus interest at the rate of 12% per annum. This note is dated December 9, 1981. The promissory note is marked "Paid in full" and is signed "Sherby Skrantz." Under the signature "78674.14" is written and the date "Jan 20, 1988" is noted. Defendant testified at trial that the $78,674.14 defendant gave Sherby Skrantz on January 20, 1988 was repayment of the $37,000 plus interest. Sherby Skrantz testified that prior to January of 1988, defendant did not pay him any amount on this note.

Without more, guided by the manifest error—clearly wrong rule, we would affirm the trial court's implicit finding that the $78,674.14 was a valid payment of an existing debt. However, the appellate review of facts is not completed by reading so much of the record as will reveal a reasonable basis for the finding of the trial court; there must be a further determination that the record establishes that the finding is not clearly wrong. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978).

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Related

Arceneaux v. Domingue
365 So. 2d 1330 (Supreme Court of Louisiana, 1978)
Auger v. Auger
434 So. 2d 492 (Louisiana Court of Appeal, 1983)
Rosell v. Esco
549 So. 2d 840 (Supreme Court of Louisiana, 1989)

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Bluebook (online)
617 So. 2d 206, 1993 WL 105691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skrantz-v-skrantz-lactapp-1993.