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Middleton v. Tedford

Court of Appeal of Louisiana, Second Circuit

January 14, 2015

MARCIA LYNN MIDDLETON, Plaintiff-Appellee
v.
CHARLENE TEDFORD, ET AL., Defendants-Appellants

Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana. Trial Court No. 131289. Honorable Hamilton Stephens Winters, Judge.

AFFIRMED.

DENNIS W. HALLACK, Counsel for Defendant Appellant/Defendant Appellee.

DIMOS, ERSKINE, GARNER, RIALS & MCQUEEN, bye: Philip E. McQueen, Counsel for Plaintiff Appellee.

Before WILLIAMS, CARAWAY and LOLLEY, JJ.

OPINION

[49-572 La.App. 2 Cir. 1] LOLLEY, J.

Charlene Tedford appeals a judgment in favor of Marcia Lynn Middleton by the Fourth Judicial District Court, Ouachita Parish, Louisiana. The trial court's judgment was also against Charlene Tedford's codefendant, Bobby Kent Tedford, but he is not an appellant. For the following reasons, we affirm the trial court's judgment.

Facts

Marcia Middleton and Bobby Kent Tedford were married in 1993. Charlene Tedford is Bobby's 84-year-old mother and the owner of seven acres of immovable property in Ouachita Parish, Louisiana (the " property" ). At the onset of their marriage, Marcia and Bobby lived in a mobile home on the property. In 1998, Marcia and Bobby, using community funds, commenced construction of a home on Charlene's property (the " house" ) with her permission. They moved into the house in late 1998 to early 2000. There is no dispute that Charlene owns the land on which the matrimonial domicile is located.

Page 999

The couple's marriage ended in divorce by judgment dated November 30, 2012. During the course of the community property settlement, Bobby claimed in his hearing officer conference affidavit, dated August 11, 2011, to own the house (" Structure only" ). However, he claimed the house had " $-0-" value.

In a letter dated February 15, 2013, Charlene informed Marcia and Bobby that she was withdrawing permission for them to have the house on her property. In that letter Charlene informed Marcia and Bobby that:

I gave you two my permission to construct your family home and other improvements on my land. . . . I did not want there to [49-572 La.App. 2 Cir. 2] be any possibility that someone other than the Tedford family would own the land. Now that the two of you are divorced and in the process of dividing up your community property, I am withdrawing my permission for your house and other improvements to be on my land.
This letter serves as formal, written demand for removal of your house and all of your other improvements situated on my land. Within ninety (90) days of the February 15, 2013 date of the mailing of this letter you must remove your house and all other improvements and restore my property to its former, pre-construction ...

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