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.

Ronquille v. Ronquille

Court of Appeals of Louisiana, Fifth Circuit

November 15, 2017

KIMBERLY RONQUILLE
v.
DAVID ANTHONY RONQUILLE, JR.

         ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 725-727, DIVISION "K" HONORABLE ELLEN SHIRER KOVACH, JUDGE PRESIDING

          COUNSEL FOR PLAINTIFF/APPELLEE, KIMBERLY RONQUILLE Stacey W. Marcel

          COUNSEL FOR DEFENDANT/APPELLANT, DAVID ANTHONY RONQUILLE, JR. Bernadette R. Lee Sheila H. Willis

          Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Hans J. Liljeberg

          LILJEBERG, J.

         Appellant, David Anthony Ronquille, Jr., appeals the trial court's January 3, 2017 judgment, which denied his request to terminate permanent spousal support awarded to appellee, Kimberly Ronquille. Mr. Ronquille contends that Ms. Ronquille cohabitated with another man in the manner of married persons, and therefore, his obligation to pay spousal support was extinguished pursuant to La. C.C. art. 115. For the following reasons, we affirm the trial court's judgment denying Mr. Ronquille's request to terminate permanent spousal support.

         FACTS AND PROCEDURAL HISTORY

         The parties divorced on May 28, 2014. On January 16, 2015, the parties agreed Mr. Ronquille would pay Ms. Ronquille permanent spousal support in the amount of $1, 000 per month once she moved from the family home. On September 22, 2016, Mr. Ronquille filed a motion to extinguish the permanent spousal support pursuant to La. C.C. art. 115, due to Ms. Ronquille's alleged cohabitation with another man in the manner of married persons. Following an evidentiary hearing held on December 6, 2016, the trial court verbally denied Mr. Ronquille's motion, and on January 3, 2017, the trial court entered a written judgment. Mr. Ronquille filed a timely motion for appeal on January 11, 2017, and the trial court signed the order granting the appeal on the same day.

         At the December 6, 2016 evidentiary hearing, Mr. Ronquille testified that he learned from his minor son that David Belsome, a childhood friend of Ms. Ronquille, was sleeping in the same room with her. His son also told him that Mr. Belsome's child slept on an air mattress in the room with them.

         Mr. Ronquille hired a private investigator, Ronald B. Frazier, Sr., to document whether David Belsome was living with Ms. Ronquille at her residence located at 2317 Biron Street in Mandeville, La. Mr. Ronquille told Mr. Frazier that David Belsome drove a white GMC vehicle and Ms. Ronquille drove a late model Mercury Mountaineer. Mr. Frazier first researched Mr. Belsome by reviewing his Facebook page. He obtained several pictures of Mr. Belsome and noted that Mr. Belsome claimed to live in Lacombe, La. Mr. Frazier initiated surveillance of Ms. Ronquille's residence on September 2, 2016. Upon arriving, no one was home and he suspended surveillance as it was the beginning of the Labor Day weekend.

         On Friday, September 9, 2016, Mr. Frazier restarted his surveillance. He arrived at Ms. Ronquille's residence at approximately 6:38 p.m., and observed a white GMC Envoy parked in front of the residence. He conducted a registration check of the license plate and learned the vehicle was registered to David Belsome at an address located at 27226 Tag Along Road in Lacombe, La. At approximately 8:41 pm., Mr. Frazier observed Ms. Ronquille's Mercury Mountaineer pull into the driveway. Mr. Belsome exited the driver's seat and unlocked the front door of the residence. Ms. Ronquille and her son exited the car and went into the house. Mr. Belsome returned to the vehicle and carried the Ronquilles' daughter into the house. He then went to the back of the vehicle, opened the back of the Mountaineer, and retrieved the wheelchair used by the Ronquilles' daughter.[1] He returned to the vehicle one last time to remove another young female believed to be Mr. Belsome's daughter. They entered the house and turned off the front lights. Surveillance continued until the interior lights were extinguished.

         On Saturday, September 10, 2016, Mr. Frazier arrived at Ms. Ronquille's residence at approximately 6:30 a.m. Mr. Belsome's and Ms. Ronquille's vehicles were both still at the residence. He noticed dew on both vehicles, indicating they were not moved overnight. Mr. Frazier returned again at approximately 6:52 p.m. Both vehicles were at the residence and he continued surveillance until he believed Mr. Belsome and Ms. Ronquille would remain there for the night. On Sunday, September 11, 2016, Mr. Frazier returned to 2317 Biron Street at 5:51 a.m., where he observed both vehicles parked at the residence in the same locations. He returned at 6:24 p.m. and found only Mr. Belsome's vehicle parked at the residence. In an effort to determine who was at the residence, Mr. Ronquille called Ms. Ronquille and learned Ms. Ronquille and her two children were home. Mr. Frazier believed Mr. Belsome used Ms. Ronquille's vehicle to return his daughter back to her mother.

         On Monday, September 12, 2016, Mr. Frazier arrived to Ms. Ronquille's residence at approximately 6:20 a.m. and Mr. Belsome's vehicle was not there. When he returned at 7:57 p.m. that same day, both vehicles were parked in the driveway. He discontinued surveillance at approximately 9:15 to 9:30 p.m. On Tuesday, September 13, 2016, Mr. Frazier arrived at the residence at the earlier time of 4:49 a.m., because he believed Mr. Belsome had left for work before he arrived at the residence the prior morning. Both Mr. Belsome's and Ms. Ronquille's vehicles were parked in the driveway. He returned at 8:30 p.m. and saw a truck with a sign "Closets by Design" on the side parked by the residence. Mr. Frazier indicated that he believed Mr. Belsome worked for this company. He also saw a gray Cube, belonging to Ms. Ronquille's mother, Carol Dominick, parked in the driveway.

         On Wednesday, September 14, 2016, at 4:57 a.m., Mr. Belsome's work vehicle and the Cube were still at the residence. At 7:44 p.m., Mr. Frazier observed Ms. Ronquille's and her mother's vehicles parked at the residence. At 7:48 p.m., an unmarked white truck pulled up in front of the house and parked on the grass. Mr. Frazier saw Mr. Belsome exit the vehicle and enter the residence. On Thursday, September 15, 2016, Mr. Frazier arrived at 4:58 a.m. and observed the ...


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.