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Rousset v. Rousset

Court of Appeals of Louisiana, Fifth Circuit

April 15, 2015

CYNTHIA SCARENGOS ROUSSET
v.
JEFFREY MAURICE ROUSSET

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 670-795, DIVISION " I" . HONORABLE NANCY A. MILLER, JUDGE PRESIDING.

ARITA M. BOHANNAN, LAUREN DAVEY ROGERS, ATTORNEYS AT LAW, Kenner, Louisiana, COUNSEL FOR PLAINTIFF/APPELLANT.

DON C. GARDNER, ALBERT J. GARDNER, III, ATTORNEYS AT LAW, Harahan, Louisiana, COUNSEL FOR DEFENDANT/APPELLEE.

Panel composed of Judges Fredericka Homberg Wicker, Robert A. Chaisson, and Hans J. Liljeberg.

OPINION

Page 254

ROBERT A. CHAISSON, J.

[14-663 La.App. 5');">663 La.App. 5 Cir. 1] Plaintiff/Appellant, Cynthia Scarengos Rousset, appeals from the district court's interpretation of a consent judgment concerning the sale of the community home. In addition, Ms. Rousset appeals the district court's finding that she was in contempt of court for failing to produce five keys for collectible vending machines and the court's subsequent imposition of sanctions in the amount of $250.00 per key. For the reasons that follow, we affirm in part, reverse in part, and remand to the trial court for further proceedings.

FACTS AND PROCEDURAL HISTORY

Cynthia Scarengos Rousset (" Ms. Rousset" ) and Jeffrey Maurice Rousset (" Mr. Rousset" ) were married on October 18, 1986, and three children were born of this union. On March 17, 2009, Ms. Rousset filed a petition for divorce pursuant to LSA-C.C. art. 102 based on living separate and apart for the requisite amount of time. In the petition Ms. Rousset requested that she be awarded use and occupancy of the family home located on Hudson Street in Kenner and also [14-663 La.App. 5');">663 La.App. 5 Cir. 2] requested the partition of the community property. Various issues ancillary to the divorce, including custody, child support, and community property, came for hearing on August 11, 2009, before a hearing officer. As a result of issues discussed at this hearing, the parties, on August 26, 2009, signed a consent

Page 255

judgment. Pertinent to this appeal is the following language:

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that CYNTHIA SCARENGOS ROUSSET shall be granted interim use and occupancy of the family residence located at 1410 Hudson Street, Kenner, Louisiana 70062. Rental reimbursement is waived by JEFFREY MAURICE ROUSSET. CYNTHIA SCARENGOS ROUSSET shall make the mortgage payments on the family residence and waives reimbursement claim for said mortgage payments. JEFFREY MAURICE ROUSSET agrees to sell his interest in the family residence located at 1410 Hudson Street, Kenner, Louisiana, 70062 to CYNTHIA SCARENGOS ROUSSET for the appraised value of $196,000 upon finalization of the community property partition.

Thereafter, on July 1, 2010, the court signed a judgment granting the parties a divorce. As part of the ongoing litigation over community property issues, Mr. Rousset filed a rule for contempt on February 23, 2012, in which he requested that Ms. Rousset be required to produce all keys to the collectible vending machines that he received. After a hearing on March 9, 2012, the trial judge found that if Mr. Rousset did not get all of the keys for the items of ...


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