Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Age v. Age

Court of Appeals of Louisiana, Fourth Circuit

December 12, 2018

TOLONDA RICARD AGE
v.
BURNELL AGE, JR.

          APPEAL FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2011-02830, DIVISION "H-12" Honorable Monique E. Barial, Judge

          KRISTYL R. TREADAWAY TREADAWAY LAW, LLC COUNSEL FOR PLAINTIFF/APPELLANT

          BURNEL H. AGE, JR. IN PROPER PERSON/APPELLEE

          (Court composed of Chief Judge James F. McKay III, Judge Edwin A. Lombard, Judge Roland L. Belsome, Judge Joy Cossich Lobrano, Judge Paula A. Brown)

          JAMES F. MCKAY III, CHIEF JUDGE

         In this community property case, the plaintiff/appellant, Tolanda Ricard, appeals the trial court's judgment in favor of the defendant/appellee, Burnell Age, Jr. For the following reasons, we affirm in part, reverse in part and remand.

         FACTS AND PROCEDURAL HISTORY

         Burnell Age, Jr. and Tolanda Richard were married on December 29, 1990 and entered into a community property regime. The parties acquired both movable and immovable property during their marriage.

         On March 17, 2011, Ms. Ricard filed for divorce pursuant to Louisiana Civil Code Article 103. A judgment of divorce was granted on July 29, 2011, and the community property regime was terminated retroactive to March 17, 2011, the date of filing the petition for divorce.

         On January 6, 2012, Ms. Ricard filed a petition to partition the community of acquets and gains that previously existed between them. Prior to the trial to partition the community, the real property of the community was sold. On May 2, 2017, the parties consented to partially settle and liquidate the community that formerly existed between them. By consent, Mr. Age received the Navy Mutual Aid Life Insurance account ending in 8858, the Navy Federal checking account ending in 0703, the Navy Federal savings account ending in 2000, the carved elephant and carved rhino, the 2001 Volvo S-40, the Bali vase, the Wosene Portrait of the Artist, and the china and flatware. Ms. Ricard received the Norikane Rubata, Shinoda Epical, teak table and chairs, medicine chest, side table, and the Asian vase. The parties also agreed that the Navy Mutual Aid Life Insurance account ending in 4781 was Ms. Ricard's separate property. Additionally, it was agreed that Mr. Age's Marine Corps retirement would be partitioned by qualified domestic relations order, and that Mr. Age would be reimbursed for payment of the Navy Federal overdraft line of credit, Navy Federal Visa, the IRS tax bill, and the Louisiana tax bill.

         On July 21, 2017, Mr. Age filed a rule for contempt against Ms. Ricard for failure to deliver to her attorney's office the Wosene Portrait of the Artist and the china and flatware agreed to in the consent judgment. The petition to partition the community of acquets and gains that previously existed between the parties and the rule for contempt came before the trial court on September 5, 2017.

         On October 23, 2017, the trial court rendered its judgment in the instant case. The trial court found that the assets of the community were as follows: 1) JetBlue retirement in the name of Burnell Age ($85, 724.03); 2) American Airlines retirement in the name of Burnell Age ($16, 696.87); 3) JetBlue stock options in the name of Burnell Age ($42, 873.51); 4) Navy Mutual Aid Life Insurance account ending in 9161 ($27, 636.09); 5) Chase checking account ending in 4596 ($651.29); 6) escrow refund from 448 Whitney Avenue ($1, 317.12); 7) insurance proceeds from 512 Monroe ($448, 700.22); 8) insurance proceeds from 448 Whitney Avenue ($13, 057.82); 9) proceeds from Florida condo sale with contents ($59, 310.58); 10) proceeds from the sale of the Lennox property ($48, 893.93); 11) Wells Fargo check ending in 3615 ($23, 598.53); 12) Jefferson Parish retirement in the name of Tolanda Ricard Age ($22, 278.37); 13) Roth IRA in the name of Tolanda Ricard Age ($14, 446.42); 14) Navy Federal Credit Union checking account ending in 4265 ($2, 679.32); 15) Navy Federal Credit Union Savings account ending in 5001 ($8, 152.22); 16) Norikane Rubata ($110.00); 17) Shinoda Epical ($1, 750.00); 18) teak table & chairs ($500.00); 19) medicine chest ($250.00); 20) side table ($100.00); 21) Asian vase ($50.00); 22) Navy Mutual Aid Life Insurance account ending in 8858 ($29, 613.00); 23) Navy Federal checking account ending in 0703 ($1, 005.35); 24) Navy Federal Savings account ending in 2000 ($85.00); 25) carved elephant ($50.00); 26) carved rhino ($50.00); 27) 2001 Volvo S-40 ($1, 200.00); 28) Bali vase ($50.00); 29) Wosene Portrait of the Artist ($17, 000.00); 30) china and flatware ($1, 050.00); 31) proceeds from the sale of 800 Whitney Avenue (-$4, 135.50); 32) proceeds from the sale of 2017 Evergreen Avenue (-$9, 088.64); 33) proceeds from the sale of 402 Huntlee Drive (-$9, 088.64); 34) proceeds from the sale of 512 Monroe (-$2, 628.67); and 35) proceeds from the sale of 448-450 Whitney Avenue (-$34, 646.63). These assets had a total value of $409, 290.19.

         The trial court found that the following assets were the separate property of Ms. Ricard: 1) Sarah Brayer Raindrops ($240.00); 2) Sarah Brayer Sprint ($2, 500.00); 3) Shinoda Interval ($2, 000.00); and 4) Navy Mutual Aid Life Insurance account ending in 4781 ($26, 280.04). The trial court valued Ms. Ricard's separate property at a total value of $31, 020.04.

         The trial court also ordered that Ms. Ricard's claim for reimbursement be granted in part and denied in part. The trial court granted reimbursement to Ms. Ricard for the following claims: 1) Navy Federal Mortgage account ending in 7173 ($27, 826, 28); 2) art appraisal for Wosene ($900.00); 3) art appraisal for Sprint ($200.00); and 4) On Time Movers ($240.00). These amounts totaled $29, 166.28, with one-half of reimbursement at ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.