DELORES A. BURCH Plaintiff-Appellee
JARRELL O. BURCH Defendant-Appellant
from the Forty-Second Judicial District Court for the Parish
of DeSoto, Louisiana Trial Court No. 70, 026 Honorable
Charles B. Adams, Judge
OFFICE OF BRYCE DENNY, LLC By: Bryce J. Denny Counsel for
J. MICIOTTO Counsel for Appellee
PITMAN, STONE, and GASKINS (Pro Tempore), JJ.
Jarrell O. Burch appeals the judgment of the trial court
which partitioned the community property he held with his
former wife, Delores Altheon Burch ("Altheon"). For
the following reasons, we affirm and remand for modification
of the judgment to include legal descriptions of the
immovable property affected by the judgment and to comport
with La. C.C.P. arts. 1919 and 2089.
filed a petition for divorce from her husband, Jarrell. A
judgment was rendered terminating their community property
regime effective February 13, 2009. On December 5, 2009, the
trial court appointed a special master, Susan Whitelaw,
C.P.A., to assist it with the partition of the property. In
the following seven years, Ms. Whitelaw submitted four
detailed descriptive lists ("DDL"), which purported
to reflect the parties' community and separate property
holdings and their values. The last list, the Fourth DDL, was
completed in the fall of 2016.
14, 2016, a trial was held at which the Third DDL was
admitted into evidence and Ms. Whitelaw was present to
testify and identify each item in the list as to its
classification and valuation. It was at that time that the
attorneys for the parties were to express any objection they
had to classification or valuation of any item of property
listed. At that hearing, Jarrell's attorney, Mr. Denny,
voiced his objections, stating:
And then I'm skipping over the separate property issue
other than we do have an issue on sixty-four (A) which is the
Mark Ward cash deed. It's listed here as separate.
* * *
And I understand that Ms. Whitelaw has an explanation for
that but at this point we object to it.
Mr. Miciotto: But let's make sure -
The Court: To the value?
Mr. Denny: No, not the value, I'm sorry. The - I'm
sorry, I'm sorry. Never mind, we do not. I'm sorry.
The Court: The value is not -
Mr. Denny: The value is not an ...