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Maxie v. Maxie

Court of Appeal of Louisiana, Third Circuit

March 4, 2015

FRANK L. MAXIE & JACQUELINE MAXIE
v.
HARMIE MAXIE

APPEAL FROM THE ELEVENTH JUDICIAL DISTRICT COURT, PARISH OF SABINE, NO. 63,115. HONORABLE STEPHEN B. BEASLEY, DISTRICT JUDGE.

AFFIRMED.

Jeffrey H. Thomas, Thomas Law Firm, Natchitoches, LA, COUNSEL FOR DEFENDANT/APPELLANT: Harmie Maxie.

William D. Dyess, The Dyess Law Firm, Many, LA, COUNSEL FOR PLAINTIFFS/APPELLEES: Frank L. Maxie, Jacqueline Maxie.

Court composed of Jimmie C. Peters, Billy H. Ezell, and James T. Genovese, Judges. Ezell, J., dissents with reasons.

OPINION

Page 1249

[14-1085 La.App. 3 Cir. 1] PETERS, J.

Harmie Maxie (Harmie) appeals a trial court judgment ordering the partition by licitation of immovable property owned by him and his brother and sister-in-law, Frank and Jacqueline Maxie (Frank and Jacqueline). For the following reasons, we affirm the trial court judgment.

DISCUSSION OF THE RECORD

The immovable property at issue is a twenty acre tract located near Florein, Louisiana, in Sabine Parish, and was previously owned by the deceased parents of Harmie and Frank.[1] After his mother died in 2009, Frank and Jacqueline acquired the undivided interests of Frank's father and eight of his eleven siblings; and in their August 25, 2010 petition to partition the property by licitation, Frank and Jacqueline named Harmie and the remaining two siblings as defendants. However, before the matter went to trial on May 7, 2012, Harmie acquired the undivided interests

Page 1250

of the two codefendants. Thus, when the matter went to trial, Frank and Jacqueline owned an undivided 87.5 percent interest in the twenty acres,[2] and Harmie owned the remaining undivided 12.5 percent interest.

Following the completion of the evidentiary phase of the trial and the submission of post-trial memoranda, the trial court rendered judgment finding that the twenty acres was not susceptible to partition in kind and ordering that it be sold by the Sabine Parish Sheriff's Office at public sale without appraisal, but with a minimum acceptable bid of $35,000.00. The trial court further ordered that after [14-1085 La.App. 3 Cir. 2] all costs were paid, the remaining proceeds were to be divided between the litigants according to their percentage of ownership.[3]

The trial court executed a written judgment to this effect on June 25, 2012, and Harmie filed a motion for new trial on July 5, 2012. Finding this motion to be untimely, the trial court denied it on July 6, 2012. This court granted Harmie's application for supervisory writs and reversed the trial court's denial of the motion for new trial. Maxie v. Maxie, 12-1014 (La.App. 3 Cir. 11/30/12) (unpublished opinion).[4] On remand, the trial court rendered a May 21, 2013 order granting the motion for new trial, but ...


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