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David v. David

Court of Appeal of Louisiana, Third Circuit

December 10, 2014

DIONE W. DAVID
v.
RICHARD G. DAVID

APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT. PARISH OF IBERIA, NO. 113919. HONORABLE CHARLES LEE PORTER, DISTRICT JUDGE.

AFFIRMED.

Ed W. Bankston, Lafayette, LA, COUNSEL FOR: Defendant/Appellant - Richard G. David.

L. E. " Tony" Morrow, Jr., Law Offices of Tony Morrow, Lafayette, LA, COUNSEL FOR: Plaintiff/Appellee - Dione W. David.

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and J. David Painter, Judges.

OPINION

Page 1244

[14-758 La.App. 3 Cir. 1] THIBODEAUX, Chief Judge.

Richard G. David appeals the trial court's judgment cancelling notices of lis pendens against several properties awarded his former spouse, Dione W. David, in the judgment partitioning their community property. He contends ongoing litigation between the parties renders cancellation of the notices premature. Because the ongoing litigation does not affect title of the properties so as to justify recordation of lis pendens notices, we affirm. We do not consider Mrs. David's request for sanctions and incidental relief based on her assertion of a frivolous appeal as her Answer to Mr. David's appeal was untimely.

I.

ISSUE

We shall consider whether the trial court erred in cancelling notices of lis pendens in the face of ongoing litigation between the parties.

II.

FACTS AND PROCEDURAL HISTORY

During their thirty-six years of marriage, Richard and Dione David acquired several businesses and pieces of real estate. Following their divorce, the Davids litigated the partitioning of their community property. The resulting judgment awarded Mrs. David several pieces of real estate. Among them were properties located on Cove Row, Prioux Street, Dahlia Street, and Wayne Street. Mr. David appealed the judgment on partition of community property and filed notices of lis pendens on the above named properties. This court amended and affirmed the judgment partitioning community property. Mr. David then sought a [14-758 La.App. 3 ...


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