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Major v. Major

Court of Appeals of Louisiana, First Circuit

February 27, 2018

TAMIKA MAJOR
v.
COREY MAJOR

         On Appeal from The Family Court In and for the Parish of East Baton Rouge State of Louisiana Trial Court Number F 197, 910 Honorable Hunter Greene, Judge Presiding

          Ashley Greenhouse Baton Rouge, Louisiana Attorney for Plaintiff/ Appellee, Tamika Major

          Nina S. Hunter Baton Rouge, Louisiana Attorney for Defendant/ Appellant, Corey Major

          BEFORE: HIGGINBOTHAM, HOLDRIDGE, AND PENZATO, JJ.

          PENZATO, J.

         This is an appeal from a judgment granting exclusive use of a Jeep Wrangler to Tamika Major. For the following reasons, we dismiss this appeal.

         FACTS AND PROCEDURAL HISTORY

         Tamika and Corey Major were married on February 18, 2006, and one child, CM., was born on December 25, 2012. On January 23, 2015, Ms. Major filed a petition for divorce and to partition the community property. A judgment of divorce was rendered on November 2, 2016. On February 27, 2017, Ms. Major filed a petition to partition community property, seeking exclusive use and occupancy of the former matrimonial domicile and exclusive use of the community Jeep Wrangler, pending the partition.

         The matter came before the court on March 14, 2017, at which time it was established that Ms. Major was the primary domiciliary parent. The trial court heard testimony at the hearing regarding the economic status of the parties. Mr. Major testified that he had worked for Turner Industry, but "was out on an injury." He also ran Brownies Kitchen and Grocery, a business he purchased for his nineteen-year-old daughter. In addition, Mr. Major worked at his cousin's car dealership, Los Amigos, selling used cars. With regard to the Jeep Wrangler, Mr. Major testified that he did not have the vehicle in his possession, but that he had been "in it" on Christmas and that he was thinking about purchasing it, or selling the vehicle to make a profit. He testified that the vehicle was owned by Los Amigos, and acknowledged that he had purchased parts to repair it. Ms. Major testified that she was certain that Mr. Major owned the Jeep Wrangler, and that he had never before denied that he owned it.

         In its oral reasons for judgment at the conclusion of the March 14, 2017 hearing, the trial court stated that with regard to the Jeep Wrangler and considering the best interest of the family and the economic status of the parties:

I don't have a comfort level that Mr. Major has been ... straightforward and therefore, I'm going to grant exclusive use of the Jeep Wrangler ... to Ms. Major.
Because that's the only evidence I have is that he's driving it and buying parts. I don't have any evidence contradicting that, that it's not owned by him.

         A judgment was signed on April 12, 2017, granting Ms. Major exclusive use and occupancy of the matrimonial domicile, and exclusive use of the Jeep Wrangler.

         Mr. Major appeals only the part of the April 12, 2017 judgment granting exclusive use of the Jeep Wrangler to Ms. Major, asserting that the vehicle was not a community ...


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