88 So. 3d 652
La. Ct. App.2012Background
- Raymond filed a petition to partition community property against Fluellen in 2008.
- Both parties timely filed descriptive lists; Raymond traversed Fluellen’s list and filed amended lists.
- Raymond moved to deem her detailed list a judicial determination; trial court denied the motion in 2009.
- In 2010, Raymond filed an additional sworn list; Fluellen’s counsel withdrew; a trial order scheduled a merits trial with a June 17, 2010 deadline for a joint list.
- Raymond moved to adopt her portion of the joint list; Fluellen was absent at the June 28, 2010 hearing where the court adopted Raymond’s list as a judicial determination.
- Judgment awarded Raymond assets and reimbursement and ordered Fluellen to vacate the property; Fluellen appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred under 9:2801(A)(1)(a) by adopting Raymond’s list | Fluellen argues lists were timely and not subject to adoption | Raymond contends adoption was proper due to failure to timely file by Fluellen | Reversed; adoption improper and remand for valuation and allocation |
| Whether procedural missteps invalidated the partition judgment | Fluellen asserts notice/participation issues affected due process | Raymond asserts court properly proceeded under 9:2801 | Remand to determine assets, liabilities, and reimbursements consistent with law |
Key Cases Cited
- Graefenstein v. Graefenstein, 866 So.2d 958 (La.App. 5 Cir. 1/27/2004) (trial court discretion in partition and asset classification; manifest error standard)
- Jemison v. Timpton, 38 So.3d 1021 (La.App. 4 Cir. 5/6/2010) (manifest error standard for property classification and valuation)
- Sander v. Brousseau, 772 So.2d 709 (La.App. 4 Cir. 2000) (legal standard for appellate review of legal questions)
- Strickland v. Strickland, 7 So.3d 1282 (La.App. 2 Cir. 2009) (mandatory procedural requirements for partition under 9:2801)
- Bible v. Bible, 895 So.2d 547 (La.App. 1 Cir. 2004) (mandatory nature of 9:2801 procedures)
- Barry v. Barry, 501 So.2d 897 (La.App. 5th Cir. 1987) (procedural requirements for partition proceedings)