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Clark v. Simmons

Court of Appeal of Louisiana, Fifth Circuit

December 23, 2014

VIVIAN M. CLARK
v.
IRMA JEAN MOTT SIMMONS AND JOSEPH CHARLES MOTT

ON APPEAL FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT PARISH OF ST. CHARLES, STATE OF LOUISIANA. NO. 74,541, DIVISION " C" . HONORABLE EMILE R. ST. PIERRE, JUDGE PRESIDING.

REVERSED IN PART; AFFIRMED AS AMENDED.

AL M. THOMPSON, JR., ATTORNEY AT LAW, New Orleans, Louisiana, COUNSEL FOR PLAINTIFF/APPELLANT.

GREGORY A. MILLER, ATTORNEY AT LAW, Norco, Louisiana, COUNSEL FOR DEFENDANT/APPELLEE.

Panel composed of Judges Marc E. Johnson, Robert M. Murphy, and Stephen J. Windhorst.

OPINION

MARC E. JOHNSON, J.

Page 141

[14-133 La.App. 5 Cir. 2] Plaintiff/Appellant, Vivian M. Clark, appeals a judgment from the 29th Judicial District Court, Division " C," that denied certain reimbursement claims against the defendants/appellees, Irma Jean Mott Simmons and Joseph Charles Mott, for properties which they co-owned in indivision. For the following reasons, we reverse in part and affirm as amended.

FACTS AND PROCEDURAL HISTORY

This is the second appeal involving these parties and the immovable properties located along and near U.S. Highway 90 in Des Allemands, Louisiana. The underlying facts of this matter can be found in Simmons v. Clark, 08-431 (La.App. 5 Cir. 1/27/09); 8 So.3d 102, writ denied, 09-416 (La. 4/13/09); 5 So.3d 166. In Simmons, this Court reviewed judgments from the trial court that annulled the purported conveyance of the properties in question to Ms. Clark and Malcolm, restoring Ms. Simmon's and Mr. Mott's interests in the properties; found that a mortgage in favor of Ameriquest Mortgage did not affect the undivided one-half (1/2) interest of Ms. Simmons and Mr. Mott; found that the actions of Ms. Clark [14-133 La.App. 5 Cir. 3] and Malcolm constituted fraud and Ms. Simmons and Mr. Mott were entitled to attorney's fees in the amount of $15,000.00 pursuant to La. C.C. art. 1958; and assessed all costs against Ms. Clark and Malcolm. After reviewing the evidence, this Court reversed the trial court on the portion of the judgment that ordered Ameriquest's mortgage not to affect the undivided one-half interest of Ms. Simmons and Mr. Mott. Id. The judgment was affirmed in all other respects.

Subsequent to the rendering of the opinion in Simmons, supra., Ms. Clark filed a Petition for Reimbursement Claims and Other Relief. In the petition, Ms. Clark alleged she was entitled to reimbursement from Ms. Simmons and Mr. Mott (hereinafter collectively referred to as " the defendants" ), as co-owners in indivision, for their pro rata share of the expenses she expended for house and bar/hall commencing from 2004. In a judgment dated October 22, 2013, the trial court found Ms. Clark was entitled to reimbursement from the defendants for taxes and utilities for the period of 2008-2012. The trial court denied and dismissed Ms. Clark's other reimbursement claims for taxes and utilities, insurance, mortgage payments and materials and labor used in repairing the properties. Ms. Clark filed the instant

Page 142

appeal, seeking review of the trial court's October 22, ...


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