Opinion

Slimp v. Sartisky

  • 100 So. 3d 901
  • 2012 WL 4074987
Court
Louisiana Court of Appeal
Filed
Sep 17, 2012
Status
Published
Author
Tobias
On the bench
Bagneris, Lombard, Tobias
Cited by
9 cases

The opinion

ON APPLICATIONS FOR REHEARING

MAX N. TOBIAS, JR., Judge.

11 Marjorie Slimp (“Slimp”), the defendant/appellant, and Michael J. Sartisky (“Sartisky”), the plaintiff/appellee, each filed a timely applications for rehearing after we issued our opinion in this matter on 17 September 2012. Slimp’s application contends that this court committed a mathematical and/or typographical error when performing the calculations to determine the funds due to each party. 1 Sartisky asserts other matters already addressed in our original opinion.

We acknowledge that we committed a mathematical error and amend the paragraph on page 34 and the decree on page 39 of the original opinion to read as follows:

We disagree with the accounting methodology presented by both experts. First of all, we now have the figure of net proceeds from the sale of the Harmony Street house: $800,667.28. From that sum, we first deduct the initial investment made by the parties in the house: for Sartisky, $375,243.00 and for Slimp,JJ197,372.90; that leaves a balance of $228,061.88, which we divide between the parties, each receiving $114,030.69. Giving each party credit for their reimbursable expenses, results in the total sum of $533,988.85 for Sartisky and $266,688.43 for Slimp.

⅜ * $

The rehearing application of Sartisky is denied.

Based on the foregoing, we reverse the trial court and render judgment as follows: out of the net proceeds from the sale of the Harmony Street house of $800,677.28, Michael J. Sartisky is awarded the sum of $533,988.85 and Margaret K. Slimp is awarded the sum of $266,688.43. We further affirm the trial court’s judgment dismissing the new lawsuit by Slimp against Sartisky with prejudice on the basis of res judicata. Each party is to pay his/her own costs.

REHEARING GRANTED ON APPLICATION OF MARGARET K. SLIMP; REHEARING DENIED ON APPLICATION OF MICHAEL J. SARTISKY; OPINION AMENDED; RENDERED.

. Slimp suggests that we add expenses to the initial investments before arriving at the balance to be divided between the parties; doing so results in approximately $23,000.00 more for Slimp. We find that this is inaccurate and have added the expenses after arriving at the balance that the parties will share.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.