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Margaret K. Slimp v. Michael J. Sartisky

COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA


October 11, 2012

MARGARET K. SLIMP
v.
MICHAEL J. SARTISKY
MICHAEL J. SARTISKY
v.
MARGARET K. SLIMP

APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2011-1167, DIVISION "M" Honorable Paulette R. Irons, Judge

The opinion of the court was delivered by: Judge Max N. Tobias, Jr.

ON APPLICATIONS FOR REHEARING

(Court composed of Judge Dennis R. Bagneris, Sr., Judge Max N. Tobias, Jr., Judge Edwin A. Lombard)

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

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.*fn1 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, $197,372.90; that leaves a balance of $228,061.38, 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.

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.


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