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.
COUNSEL FOR DEFENDANT/APPELLANT, DAVID ANTHONY RONQUILLE, JR.
Bernadette R. Lee Sheila H. Willis
composed of Judges Fredericka Homberg Wicker, Marc E.
Johnson, and Hans J. Liljeberg
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
AND PROCEDURAL HISTORY
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.
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.
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
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. 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.
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.
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
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 ...