Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

David v. David

Court of Appeal of Louisiana, Third Circuit

December 23, 2014

RICHARD G. DAVID, ET AL.
v.
DIONE W. DAVID, ET AL

Page 220

APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT, PARISH OF IBERIA, NO. 122840, DIVISION C. HONORABLE LORI A. LANDRY, DISTRICT JUDGE.

Ed W. Bankston, Attorney at Law, Lafayette, LA, COUNSEL FOR PLAINTIFF/APPELLANT: Richard G. David.

L. E. " Tony" Morrow, Jr., The Law Offices of Tony Morrow, Lafayette, LA, COUNSEL FOR DEFENDANT/APPELLEE: Dione W. David.

Court composed of John D. Saunders, Jimmie C. Peters, and James T. Genovese, Judges.

OPINION

Page 221

[14-657 La.App. 3 Cir. 1] SAUNDERS, Judge

Richard G. David (hereafter " Appellant" ) appeals the trial court's grant of an exception of res judicata in favor of Dione W. David (hereafter " Appellee" ). For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

Appellant and Appellee were married on March 3, 1973, and divorced on November 6, 2009. At the time of their divorce, there were five businesses and nine pieces of real estate at issue for partition. During the pendency of the partition, Appellee was given occupancy and use one of the community's businesses, Dede's Wholesale Florist, Inc. (hereafter " Dede's" ).

After a lengthy trial, a judgment of partition was rendered, allocating all of Dede's assets to Appellant. Additionally, $200,000 in business debt associated with Dede's was allocated to Appellant. After allocating the assets and debts of the community, the trial court assigned payments to equalize the net community assets. Appellant appealed from the partition judgment, asserting that Appellee mismanaged Dede's, leaving him unfairly with the debt associated with Dede's. The judgment was amended to reallocate some of the community assets and debts and to reduce the equalizing payment due from Appellant to Appellee. The judgment was affirmed as amended.

These parties came before this court again when a suit on open account was brought by Louisiana Wholesale Florists, Inc. against Dede's, the corporation, and Appellant and Appellee, in their capacities as co-owners of Dede's (hereafter " the LWF suit" ). Appellee asserted a cross-claim against Appellant, alleging that he was awarded full ownership of Dede's.

Page 222

Appellant asserted a cross-claim against Appellee, alleging that, during the time Dede's was managed and controlled by Appellee, she " failed to comply with the instructions and orders of the Court" and [14-657 La.App. 3 Cir. 2] " wasted" it. Following trial, the court rendered judgment dismissing Appellant's cross-claim with prejudice.

Thereafter, Appellant filed a Petition for Damages on July 9, 2013, again alleging Appellee " wasted the business." On August 28, 2013, Appellee answered the suit, asserting an exception of res judicata. Judgment on the exception was rendered in favor of Appellee on October 30, 2013, and signed on November 22, 2013. The judgment ordered Appellant to pay $1,306.75 in attorney fees and $115.45 in expenses. It is from this judgment that the instant appeal arises. Appellee answered the appeal, requesting an increase in the award of attorney's fees and damages for frivolous appeal.

ASSIGNMENTS OF ERROR:

In his appeal, Appellant raises the following assignments of error:

1. the trial court erred in granting Appellee's exception of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.