79 So. 3d 347
La. Ct. App.2011Background
- Nesbitt sought to stop Pittman’s execution of a money judgment after an unsuccessful injunction action and deposited funds far less than the judgment amount.
- Nesbitt II allocated community assets and reimbursements; Pittman was entitled to an equalizing payment of $293,231.76 and Nesbitt owed Pittman $325,282.91 net.
- Pittman initiated execution by writ of fieri facias to seize Nesbitt’s wine collection; Nesbitt sought injunctive relief and various objections based on Nesbitt II.
- Nesbitt moved for a payoff determination alleging the amount owed was $22,607.96 plus interest, contrary to the trial court’s finding.
- The trial court denied injunctive relief, performed an itemized payoff calculation, and eventually ruled Nesbitt owed $325,282.91 plus interest.
- The appellate court held the action was a no-cause-of-action summary proceeding, dismissed it, and awarded $2,500 in attorney’s fees for frivolous appeal, with costs to Nesbitt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the rule to show cause states a valid cause of action | Nesbitt contends the payoff amount is unsettled and the wine can be used to satisfy the judgment | Pittman argues the money judgment is final and enforceable via writ of fieri facias | No valid cause of action; action dismissed |
| Whether Nesbitt II created a definitive money judgment | Nesbitt asserts the June 24, 2009 judgment was not a definitive amount | Pittman and court treated the judgment as a definitive money judgment for payoff | Yes, Nesbitt II established a definitive money judgment |
| Whether the appeal is frivolous and warrants sanctions | Nesbitt seeks relief and questions the payoff amount | Pittman seeks sanctions for frivolous appeal | Appellate court found frivolous appeal and awarded $2,500 in attorney’s fees |
Key Cases Cited
- Succession of Jenkins, 936 So.2d 268 (La.App.2d Cir. 2006) (definitive nature of money judgments; damages depend on final judgment amount)
- Fontelieu v. Fontelieu, 41 So. 120 (La. 1906) (finality and certainty required for money judgments)
- Security Nat. Partners, Limited Partnership v. Baxley, 859 So.2d 890 (La.App.2d Cir. 2003) (clarifies when a judgment details damages without extrinsic sources)
- Ramey v. DeCaire, 869 So.2d 114 (La. 2004) (standard for no-cause-of-action challenges in pleadings)
- Johnson v. Johnson, 986 So.2d 797 (La.App.4th Cir. 2008) (frivolous appeal sanctions and costs)