David v. David
117 So. 3d 148
La. Ct. App.2013Background
- Richard G. David appeals a partition of community property awarded after a 36-year marriage.
- At divorce, nine real properties and five businesses were at issue; four businesses were Richard’s separate property.
- Dede’s Wholesale Florist, run primarily by Dione, was central to the dispute; assets included the 1203 Trotter Street store and several rental properties.
- Richard asserted 331 reimbursement claims totaling about $305,572; a hearing officer reviewed these claims over four days prior to trial.
- The trial court issued a four-page judgment and later the appellate court amended several items, including the 508 Prioux allocation, the Cove Row camp value, IRA allocations, and Old Spanish Trail debt.
- The final amended judgment affirms as amended, recalculates the equalizing payment, and orders Richard to pay Dione $104,368.46; costs are split equally.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the partition complied with La.R.S. 9:2801 equal net value | Dione contends the distribution should reflect equal net value between spouses | David argues the court misapplied 9:2801 and distributed unequally | Affirmed as amended; equal net value achieved after amendments |
| Whether reimbursements awarded were properly supported | Dione asserts the court correctly awarded reimbursements for valid expenses | David claims many reimbursements were improper or unsupported | Affirmed as awarded and adjusted; net reimbursement balance determined |
| Whether specific asset valuations (camp, IRA, Prioux properties) were correct | Dione supports the trial court’s valuation choices | David challenges appraisals and allocations of assets | Amended valuations and allocations upheld where supported by record; some items adjusted (camp, IRA, prioux debts) |
Key Cases Cited
- Stobart v. State, Through DOTD, 617 So.2d 880 (La. 1993) (manifest error standard of review for findings of fact)
- Rosell v. ESCO, 549 So.2d 840 (La. 1989) (guides appellate review of trial court judgment sufficiency of evidence)
- Johnson v. Henderson, 899 So.2d 626 (La.App. 4 Cir. 2005) (utilizes video record review principle in complex financial rulings)
- McCarroll v. McCarroll, 701 So.2d 1280 (La. 1997) (rental/possession issues and retroactive awards; court distinguished from partition awards)
- Moore v. Moore, 917 So.2d 1126 (La.App. 3 Cir. 2005) (rental considerations and La.R.S. 9:374(C) retroactivity clarified)