Succession of Joyce Hymel Gettys

Opinion

SUCCESSION OF JOYCE HYMEL GETTYS NO. 24-C-577

FIFTH CIRCUIT

COURT OF APPEAL

STATE OF LOUISIANA

January 03, 2025

Susan Buchholz Chief Deputy Clerk

IN RE JOY GETTYS NAQUIN AND THE SUCCESSION OF JOYCE HYMEL GETTYS

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN D. ENRIGHT, JR., DIVISION "N", NUMBER 825-250

Panel composed of Judges Fredericka Homberg Wicker, Jude G. Gravois, and John J. Molaison, Jr.

WRIT GRANTED

The relator, Joy Gettys Naquin, seeks to review the November 4, 2024,

judgment that awarded Robert Gettys an equalizing payment of $18,469. We grant

this writ application for the following reasons.

PROCEDURAL HISTORY

The relator and her brother-in-law, Claytus Joseph Plaisance, III, are

testamentary co-executors of the estate of the relator’s mother, Joyce Hymel

Gettys. At the December 12, 2023 hearing on the realtor’s motion for declaratory

judgment, the parties agreed that items of jewelry listed on an affidavit signed by

the decedent before her death, hereinafter referred to as the “affidavit jewelry,”

would be given to Joy and her sister Lynn, as provided in the affidavit. They

agreed that the third legatee, Robert, who was not getting any jewelry, would be

given “more money because of the value of the jewelry.” The written judgment

24-C-577 states, “It is agreed that Robert will receive an equalizing payment of 25% of the

total estate value of all ‘affidavit’ Jewelry placed in possession of Joy and Lynn.”

On July 20, 2024, Mr. Plaisance filed a “Contradictory Petition for Delivery

of Particular Legacy,” seeking to have Robert placed in possession of his

“equivalent payment” for the affidavit jewelry. Mr. Plaisance claimed this amount

was $18,469. The trial judge agreed and awarded that amount. This timely writ

application followed.

LAW AND DISCUSSION

A consent judgment is “a bilateral contract wherein parties adjust their

differences by mutual consent.” Burrell v. UMC, 19-1095, 19-0423 (La. App. 4

Cir. 6/10/20), 302 So.3d 93, 96. Through concessions the parties make, they enter

into a contract to “settle a dispute or an uncertainty concerning an obligation.” La.

C.C. art. 3071. The consent judgment that results from the mutual consent of the

parties “is and should be accorded sanctity under the law.” Plaquemines Parish

Gov’t v. Getty Oil Co., 95-2452 (La. 5/21/96), 673 So.2d 1002, 1006. The trial

court’s interpretation of an alleged compromise agreement is subject to manifest

error/clearly wrong appellate review because the existence or validity of a

compromise depends on a finding of the parties’ intent, an inherently factual

finding. Hancock Bank of Louisiana v. Holmes, 09-1094 (La. App. 5 Cir. 5/25/10),

40 So.3d 1131, 1134-35.

Here, the written judgment states that the parties agree that Robert would

receive 25% of the value of the affidavit jewelry. In the writ application and the

opposition to the writ application, the parties agree that the value of the affidavit

jewelry is $55,408. Twenty-five percent of $55,408.00 is $13,852.00. Thus, the

trial judge was clearly wrong when he erroneously awarded Robert $18,469.00.

2 CONCLUSION

For the preceding reasons, we grant this writ application and amend the

November 4, 2024 judgment to award Robert an equalizing $13,852.00 payment.

Gretna, Louisiana, this 3rd day of January, 2025.

JJM FHW JGG

3 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 01/03/2025 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-C-577 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen D. Enright, Jr. (DISTRICT JUDGE) Charles G. Justice, III (Respondent) Perry R. Staub, Jr. (Relator) Donald J. Miester, Jr. (Relator)

MAILED Charlton B. Ogden, III (Relator) Christopher M. Gaffney (Respondent) Attorney at Law Michael G. Gaffney (Respondent) 1100 Poydras Street Attorneys at Law Suite 2100 3015 19th Street New Orleans, LA 70163 Metairie, LA 70002