Trahan v. Trahan

43 So. 3d 218, 2010 La.App. 1 Cir. 0109, 2010 La. App. LEXIS 880, 2010 WL 2342653
CourtLouisiana Court of Appeal
DecidedJune 11, 2010
DocketNo. 2010 CA 0109
StatusPublished
Cited by6 cases

This text of 43 So. 3d 218 (Trahan v. Trahan) 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
Trahan v. Trahan, 43 So. 3d 218, 2010 La.App. 1 Cir. 0109, 2010 La. App. LEXIS 880, 2010 WL 2342653 (La. Ct. App. 2010).

Opinion

PETTIGREW, J.

Lin this matter, defendant-appellant, Margaret Garrison Trahan1, challenges a judgment rendered in family court involving a community property partition and the determination of claims arising under special contractual terms of a marriage contract entered into by Mrs. Trahan and plaintiff-appellee, Scott David Trahan. For the reasons that follow, we amend in part, and as amended, affirm.

FACTS AND PROCEDURAL HISTORY

The parties were married on December 20, 1998. Prior to the marriage, the parties entered into a marriage contract on December 10, 1998, providing that certain property would be the separate property of Mr. Trahan and other property would be the separate property of Mrs. Trahan. Otherwise, the contract provided that the legal regime of the community of acquets and gains would exist between the parties. No children were born of the marriage. Mr. Trahan filed a petition for divorce on August 23, 2007, alleging the parties had lived separate and apart since February 15, 2007, and requesting a divorce based on La. Civ.Code art. 103(A)(1). On September 4, 2007, Mrs. Trahan filed an answer and reconventional demand, alleging [221]*221a separation date of June 20, 2007, and requesting a divorce based on La. Civ. Code art. 102. The matter was submitted by affidavits and stipulations, and, after consideration of same, the family court judge agreed that the parties were separated in June 2007. A judgment of divorce was signed by the court on January 29, 2008.

According to the record, the parties acquired various properties during the marriage, which was subject to a combination community, joint, and separate property regime, pursuant to the December 10,1998 marriage contract. Because the parties were not able to reach an amicable community property partition and settlement of all claims between them arising from the marriage, Mrs. Trahan filed a petition for judicial partition |sof property on September 7, 2007, requesting a partition of the property in accordance with La. R.S. 9:2801, “as well as a full accounting of all rights and claims of the parties, of every nature and kind, including placing in possession of all separate property and recognition of separate claims.” On November 28, 2007, Mr. Trahan filed a “Rule To Show Cause Why A Judgment Decreeing Separation Of Property Should Not Be Granted.” On December 13, 2007, a judgment was signed “decreeing a Separation of Property and terminating the community of acquets and gains retroactively to the date of filing, September 4, 2007, pursuant to the provisions of [La. Civ.Code arts.] 2374 and 2375.”2

The matter proceeded to trial in family court on October 10, 2008, and concluded on November 14, 2008. The parties submitted testimony of various witnesses, including some expert witnesses, and introduced numerous documents into the record. At the close of the evidence, the matter was taken under advisement. On January 30, 2009, the court issued lengthy written reasons for judgment detailing its findings on each of the contested issues that had been argued at trial. A judgment in accordance with these findings was signed on March 3, 2009, wherein the property partition issues and other 14 cl aims contained in the detailed descriptive lists of the parties were decided. It is from this judgment that Mrs. [222]*222Trahan has appealed, assigning the following specifications of error:

A. The Trial Court erred in failing to grant Judgment for legal interest on the money Judgment in favor of [Mrs.] Tra-han against Mr. Trahan.
B. The Trial Court erred in failing to grant security for payment, and failing to provide for acceleration on default, of the Judgment payment owed by Mr. Trahan to [Mrs.] Trahan.
C. The Trial Court abused its discretion in its application of Expert Witness evidence in valuing Mr. Trahan’s interest in Chemtech Chemical Services, L.L.C.
D. The Trial Court abused its discretion in discounting its valuation of Mr. Trahan’s interest in Chemtech Chemical Services, LLC, by incorrectly applying a “marketability discount”.
E. The Trial Court erred in denying [Mrs.] Trahan’s claim for reimbursement for payment of Mr. Trahan’s separate mortgage debt with community funds.
F. The Trial Court erred in crediting Mr. Trahan with a Mercedes Benz debt payment unsupported by any evidence.
G. The Trial Court erred in requiring [Mrs.] Trahan to account for a purported $300.00 federal tax refund which never existed, and which is unsupported by any evidence.
H. The Trial Court erred in denying [Mrs.] Trahan’s [La. R.S.] 9:2801.1 claim for compensating value for Mr. Trahan’s Social Security benefits value accrued during the marriage in excess of Social Security benefits of [Mrs.] Trahan.
I. The Trial Court erred in failing to reduce Mr. Trahan’s reimbursement claim against [Mrs.] Trahan by one-half of the tax savings to Mr. Trahan resulting from his payment of community debt mortgage interest and property taxes included in that reimbursement claim.
J.The Trial Court erred in failing to render Judgment in favor of [Mrs.] Tra-han and against Mr. Trahan for all Expert Witness fees incurred by [Mrs.] Trahan in connection with the testimony of the following Expert Witnesses:
1. Ron Cartier, CPA;
2. Marc DeRouen, CVA;
3. Mark Shirley, CVA;
4. Dale Baringer, Board Certified Tax Attorney;
5. Michael B. Burris, CPA

ILLEGAL INTEREST

On appeal, Mrs. Trahan refers to the legal interest to which she alleges she is entitled as the “proverbial ‘800 pound gorilla in the room’ that simply cannot be ignored.” She acknowledges that nothing in the marriage contract between the parties entitles her to contractual interest. However, Mrs. Trahan argues she is clearly entitled to legal interest, an entirely different issue.

In response, Mr. Trahan argues that Mrs. Trahan’s claim that she is entitled to interest stems from the payments that she is owed by Mr. Trahan for Chemtech Chemical Services, LLC (“Chemtech”), and the home on S. Harrell’s Ferry Road, both items being the separate property of Mr. Trahan. Mr. Trahan further notes that these payments are owed as a result of the contract entered into by the parties prior to their marriage. Thus, Mr. Trahan maintains, these are not community property issues, but rather contractual obligations, making it necessary to look to the language of the contract to determine if the payment of interest was agreed upon by the parties to the contract. Mr. Trahan concludes that because the contract is void of any language regarding interest, and [223]*223because this is not community property being divided, Mrs. Trahan is not entitled to interest payments in this case. We disagree.

As support for her position that she is entitled to legal interest, Mrs. Trahan cites La.Code Civ. P. art.

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Bluebook (online)
43 So. 3d 218, 2010 La.App. 1 Cir. 0109, 2010 La. App. LEXIS 880, 2010 WL 2342653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trahan-v-trahan-lactapp-2010.