CLARENCE E. WATTS, JR.
DONNA RENEE WATTS
APPEAL FROM THE TWENTY-FIRST JUDICIAL DISTRICT COURT NUMBER
2015-0003347, DIVISION J, PARISH OF TANGIPAHOA STATE OF
LOUISIANA HONORABLE JEFF CASHE, JUDGE
G. Secrease Jay Michael Futrell Ponchatoula, Louisiana
Counsel for Plaintiff-Appellee Clarence E. Watts, Jr.
Oliver Braud Brenda Braud Hammond, Louisiana Counsel for
Defendant-Appellant Donna Renee Watts
BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
Donna "Renee" Watts, appeals the trial court's
judgment denying her claim for revocation of an inter vivas
donation of immovable property. We affirm
AND PROCEDURAL BACKGROUND
and Sonny divorced after approximately nine years of
marriage. As a result of a consent judgment, Renee was
awarded the house, located at 12180 Marilyn Lane in Hammond,
Louisiana. On December 6, 2006, the parties
remarried. It is undisputed that the Marilyn Lane residence,
which was Renee's separate property, then became the
couple's matrimonial domicile. On September 4, 2009,
Renee donated the Marilyn Lane residence to Sonny.
November 4, 2015, Sonny filed a petition for divorce in which
he requested exclusive use of the Marilyn Lane residence.
Renee answered the lawsuit, also requesting exclusive use of
the matrimonial domicile. Renee subsequently filed a petition
to revoke the September 4, 2009 donation, citing ingratitude.
the pending divorce, both parties continued to reside in the
home. On February 22, 2016, Sonny amended his petition,
averring that the Marilyn Lane residence was his separate
property by virtue of the September 4, 2009 donation. Sonny
also moved to have Renee either evicted from or ordered to
vacate the residence.
hearing, the trial court signed a judgment on April 18, 2016,
ordering Renee "to vacate [Sonny's] separate
property." Renee filed a motion for new trial. She also
amended her petition for revocation in order to include an
allegation that the judgment in Sonny's favor constituted
an additional act of ingratitude, further warranting
revocation of the September 4, 2009 donation.
hearing was held on June 1, 2016, on Renee's claim for
revocation of the September 4, 2009 donation. During the
presentation of rebuttal evidence, Renee raised the issue of
whether the donation was invalid for failure to comply with
the form mandated for interspousal donations as set forth in
La. C.C. Art. 1747.
trial court continued the hearing to allow the parties to
conduct further discovery and prepare a defense. On June 23,
2016, the matter was concluded. The trial court rendered
judgment on August 30, 2016, denying Renee's claim for
revocation of the donation as well as her motion for new
trial of the April 18, 2017 judgment. Renee appeals.
OF THE DONATION
avers the donation inter vivos she and Sonny
executed was deficient in form. Specifically, she contends
the parties did not sign the document as required by La. ...