Opinion

Brown v. Brown

  • 16 La.App. 3 Cir. 31
  • 210 So. 3d 297
  • 2016 La. App. LEXIS 2361
Court
Louisiana Court of Appeal
Filed
Dec 21, 2016
Status
Published
Author
Amy
On the bench
Amy, Cooks, Genovese, Saunders, Savoie
Cited by
2 cases
Authority
More cited than 17.5%

because the ex-husband’s detailed descriptive list was judicially accepted, the court held that the only remaining issues before the trial 24-CA-553 10 court at the partition trial were valuation, distribution of the assets, equalizing payments and reimbursement claims

How later courts described this case

  • because the ex-husband’s detailed descriptive list was judicially accepted, the court held that the only remaining issues before the trial 24-CA-553 10 court at the partition trial were valuation, distribution of the assets, equalizing payments and reimbursement claims

Written by the judges who cited it.

The opinion

AMY, J.,

dissenting.

|,I respectfully dissent from with the majority opinion as I find that an affirmation is appropriate.

Louisiana Revised Statutes 9:2801(A)(l)(a) indicates that a party may seek a rule to have its detailed descriptive list accepted as a judicial determination “of *301 the community assets and liabilities.” The trial court’s ruling addressed Mr. Brown’s evidence of the claim for reimbursement as it related to allegedly separate property. Thus, the subject liability at issue, i.e., reimbursement, was not apparently one of the community, rather it must be viewed as one for Ms. Brown alone.

Accordingly, and although the reimbursement claim was originally listed on the detailed descriptive list, I do not find that La.R.S. 9:2801(A)(l)(a) precluded consideration of the adequacy of 1 ?Mr. Brown’s evidence in that regard. Additionally, jurisprudence indicates that, even when a detailed descriptive list is accepted as a judicial determination, claims for allocation of the assets and liabilities, as well as reimbursement remain for further consideration by the trial court. See Lacombe v. Lacombe, 11-1178, p. 12 (La.App. 3 Cir. 2/1/12), 85 So.3d 721, 729 (explaining that the acceptance of a spouse’s “entire list, including her reimbursement claim, would essentially negate the need for further proceedings, evidence, or depositions.”). In my opinion, the trial court noted the generalities of Mr. Brown’s testimony regarding his claim of separate property and the reimbursement claim before determining that he failed to satisfy his burden of proving that claim.

For these reasons, I would affirm the trial court’s ruling.

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.

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