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Carver v. Carver

Court of Appeals of Louisiana, Third Circuit

April 19, 2018

RICKY A. CARVER
v.
PAMELA ANN SUMLER CARVER

          APPEAL FROM THE THIRTIETH JUDICIAL DISTRICT COURT PARISH OF VERNON, NO. 82, 362 HONORABLE C. ANTHONY EAVES, JUDGE

          David C. Hesser Hesser & Flynn, A Limited Liability Partnership, COUNSEL FOR PLAINTIFF/APPELLEE: Ricky A. Carver

          Howell D. Jones, IV Jones Law Firm, COUNSEL FOR DEFENDANT/APPELLANT: Pamela Ann Sumler Carver

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. Saunders and Van H. Kyzar, Judges.

          JOHN D. SAUNDERS JUDGE

         In this case, the appellant challenges the partition of community property formerly existing between the parties.

         FACTS AND PROCEDURAL HISTORY:

         Plaintiff, Ricky Carver ("Ricky"), and Defendant, Pamela Ann Sumler Carver ("Pamela"), were married on August 31, 1978. Ricky filed for divorce on December 9, 2009. Judgment of divorce was rendered on January 10, 2011. Of the Carvers' marriage, three children were born, one of whom remained under the age of majority at the time of divorce.

         On May 11, 2010, Pamela filed a Motion to Partition Community Property, followed by a Sworn Detailed Descriptive List of all Community Property filed on January 24, 2011. Ricky filed a separate Sworn Detailed Descriptive List of all Community Property on March 9, 2011, to which Pamela filed a Traversal on October 14, 2011. Ricky responded by filing his own Traversal on December 12, 2011, and finally, by filing a Traversal/Amended Sworn Detailed Descriptive List on October 3, 2012.

         Following a trial on the traversals, the trial court found in favor of Ricky and issued its written reasons on April 23, 2013. On October 11, 2013, Pamela filed a Motion to Reconsider, to which Ricky filed a Peremptory Exception of No Cause of Action. On December 18, 2014, the trial court issued written reasons for denying Pamela's Motion to Reconsider. A written judgment was not created until December 1, 2016. At the conclusion of the hearing, the trial court gave an oral ruling wherein it:

1. Fixed the fair market value of the community matrimonial home at $153, 500.00;
2. Denied Pamela's request for reimbursement for rental value of the former matrimonial domicile;
3. Denied each of the Carvers' requests for reimbursement of costs of improvements made to the former matrimonial domicile;
4. Decreed that all items contained in the residence at the time of ...

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