Watts v. Taylor

901 So. 2d 450, 2005 WL 896517
CourtLouisiana Court of Appeal
DecidedMarch 23, 2005
DocketNos. 2004-CA-1152, 2004-CA-1153
StatusPublished
Cited by2 cases

This text of 901 So. 2d 450 (Watts v. Taylor) 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
Watts v. Taylor, 901 So. 2d 450, 2005 WL 896517 (La. Ct. App. 2005).

Opinion

| MOAN BERNARD ARMSTRONG, Chief Judge.

This is an appeal by plaintiff-appellant, Wilbert Watts (‘Watts”), from a judgment of the trial court in favor of the defendants-appellees, Jacquelyn Taylor, Larry C. Watts, Bruce Watts, Denise Watts, and Carl A. Watts (“siblings”) and their attorney, David L. Bell, denying Watts’ motion for sanctions pursuant to La.C.C.P. Art. 863. For the reasons that follow, we affirm.

The series of events that precipitated this action began when Watts’ mother executed an act of donation on May 14, 1997, giving him sole ownership of the family home to the exclusion of his siblings. The siblings did not know of the donation until the time of their mother’s death on March 25, 2002. Shortly thereafter, Watts informed the two siblings who lived in the home, Jacquelyn Taylor and Larry Watts, that he intended to charge them rent. When they did not pay the rent, Watts filed an. eviction proceeding on April 15, 2002 in First City Court. A Judgment of Eviction was signed on April 22, 2002. The siblings, who had consulted with an attorney, David L. Bell, filed a Motion For Stay of Eviction in the First City Court proceeding.- They filed a Petition For Possession in Civil District .Court on the same date. The motion to stay the eviction alleged that the act of donation was accomplished through acts of deceit and fraud and that the | ¿mother was incapable of reading and therefore, unable to comprehend the instrument she signed.

Counsel for Watts filed a petitory action on July 23, 2002. Thereafter, on September 27, 2002, Mr. Bell filed a Motion To Transfer and Consolidate the petitory action with the siblings’ petition for possession. At the conclusion of the trial of the petitory action on April 30, 2003, the trial court issued a judgment in favor of Watts, finding that the act of donation was valid.

Watts filed a Motion For Sanctions Pursuant To C.C.P. Art. 863(D) on May 22, 2003, alleging that the defendants/siblings filed the verified Motion For Stay of Eviction and the Petition For Possession without reasonable inquiry, knowledge, information, or belief that the allegations were grounded in fact and that their motives in filing these pleadings were to prevent the eviction of the siblings who lived in the house and to harass Watts by causing unnecessary delays and needless costs of litigation.

Three of the siblings, Jacquelyn Taylor, Bruce Watts, and Larry Watts, testified at the trial on the motion for sanctions. The trial court did not allow Watts’ counsel to call Mr. Bell as a witness, but allowed him to proffer Mr. Bell’s testimony.

Jacquelyn Taylor testified that she lived with her mother all of her life and that she was her mother’s primary caregiver. Ms. [453]*453Taylor said she learned of the donation approximately one month before her mother’s death, when her mother asked her to go to the State Building to find out exactly what she had signed. She testified that her mother was coerced into executing the act of donation under the mistaken belief that the act of donation was for the purpose of insuring the property. She claimed that her mother was sick and on medication at the time of lathe donation. Furthermore, she contended that her mother was incapable of reading and therefore, was unable to understand the instrument that she had signed.

Ms. Taylor also testified that the siblings spoke to Mr. Bell before the eviction proceedings and that she showed him the deed to the house. Mr. Bell explained to the siblings that being named as heirs in the deed did not give them title to the house and that the siblings’ case would be difficult to win. She also said she provided Mr. Bell with the names of witnesses, including a Mississippi attorney, who had spoken to her mother concerning the status of the house. She verified that she answered Watts’ discovery demands and that the siblings paid Mr. Bell only $700-$800 to cover the cost of the litigation. She admitted that after Watts was adjudicated the owner of the house, she wrote on a wall of the house and she took some items that she claimed belonged to her. However, Ms. Taylor denied having filed the petition for possession and the motion to stay the eviction for the purpose of preventing her eviction or harassing her brother (Watts). She testified that her motivation in filing the pleadings was to carry out her mother’s wishes, who had said she wanted the house to remain a family home shared by all of her children.

Bruce Watts also testified that his mother could not read and that she could not have understood that the document that she signed conveyed the home to only one of her children. He stated that his intent in filing the pleadings was to carry out his mother’s wishes. He further stated that Mr. Bell went over the allegations contained in the petition for possession, the motion to stay the eviction, and the verification document clause by clause and that he believed in the validity of the pleadings. Additionally, he said that Mr. Bell talked to the siblings about some of the debts of the mother’s estate and obtained a list of her assets.

|4Larry Watts’ testimony reiterated his siblings’ contention that their mother could not read and therefore,. could not have understood the terminology used in the act of donation. He said his mother would not have signed the house over to just one child because his mother always told him that her house was to be a family home. His intention in filing the pleadings was to have the house remain a family home. He said he believed the allegations contained in the motion to stay the eviction and that Mr. Bell went over each of these allegations with him prior to filing suit. He denied having filed the motion to stay the eviction or the petition for possession in order to harass his brother.

Witnesses who testified on behalf of Watts included the attorney/notary who drafted the act of donation, his friend, Jeanette DuBois, and Watts. Watts’ testimony contradicted the testimony of his siblings. He claimed his mother could read and that he placed no pressure on her to donate the house to him. Jeanette Du-Bois, Watts’ friend, testified that his mother talked to her concerning a donation of the house and that she assisted the mother in locating the attorney who drafted the act of donation. DuBois also claimed that she heard Mr. Bell say at the eviction hearing that he did not care if the siblings were lying as long as they paid him. The [454]*454attorney/notary who drafted the act of donation said that the mother understood the document; however, she did not recall whether or not she asked her if she could read.

At the conclusion of the hearing, the trial court denied the motion for sanctions. Watts then filed the instant appeal from the trial court’s judgment.

In his first assignment of error, Watts’ alleges that the siblings’ alleged failure aggressively to litigate the petition for possession, the delays encountered in noticing the siblings’ depositions, the siblings’ inability to present objective proof | Bthat the act of donation was obtained fraudulently and the fact that one of the siblings wrote on the walls of the house prove that their pleadings were filed in bad faith. Watts also alleges that Mr. Bell’s failure to speak with the' attorney/notary who drafted the act of donation demonstrates that he did not conduct a reasonable inquiry into the validity of the siblings’ allegations. The siblings counter that they answered all written discovery demands, participated in depositions and that Mr. Bell filed the motion to consolidate the pleadings.

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Bluebook (online)
901 So. 2d 450, 2005 WL 896517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watts-v-taylor-lactapp-2005.