105 So. 3d 994
La. Ct. App.2012Background
- Married Larry and Cynthia English separated/divorced in 2005; partition of community property occurred at divorce, assigning assets and debts to each spouse.
- Larry sought to rescind the partition for lesion, claiming undisclosed value of his law firm; he attempted to hold the record open to obtain an expert valuation.
- Trial court denied the request to keep the record open; found no credible evidence of net value for community property and dismissed lesion claim.
- Larry relied on an expert (CPA Robertson) to value the law firm; testimony and records were incomplete or delayed.
- Trial court detailed deficiencies in Larry’s proof and held that even with a perfect valuation of the law firm, he failed to establish lesion given insufficient proof on other assets.
- On appeal, the court affirmed, holding the trial court acted within its discretion and that Larry failed to prove lesion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred in denying the motion to hold the record open | Larry | Cynthia | No error; denial affirmed |
Key Cases Cited
- Clayton v. Bear’s Towing and Recovery, 880 So.2d 943 (La.App.2d Cir. 2004) (trial court may deny continuance; discretion respected)
- Harris v. West Carroll Parish School Board, 605 So.2d 610 (La.App. 2d Cir. 1992) (continuance and diligence factors in discretion)
- Our Lady of the Lake Hosp. v. Vanner, 692 So.2d 40 (La.App. 1st Cir. 1997) (corollary right to prompt trial; docket considerations)
- Connor v. Scroggs, 821 So.2d 542 (La.App.2d Cir. 2002) (trial court's discretion based on facts; diligence and grounds)
- Stett v. Greve, 810 So.2d 1203 (La.App.2d Cir. 2002) (considerations for timely hearing; court docket impact)
- Walker v. Aulds, 685 So.2d 421 (La.App.2d Cir. 1996) (fairness and orderly administration of justice weighed)