Appealed from the First Judicial District Court for the
Parish of Caddo, Louisiana Trial Court No. 480906 Honorable
Roy L. Brun, Judge
D. WHITE, APLC By: Walter D. White Counsel for Appellant
LAW OFFICE By: S.P. Davis Counsel for Appellee
WILLIAMS, GARRETT, and McCALLUM, JJ.
community property partition case, Adrian Flowers appeals the
judgment of the trial court asserting two errors: (1) the
trial court erred when it failed to take into consideration
the payments she made, offsetting such credits against the
value of the property at issue; and (2) the trial court erred
when it considered trial testimony about the value of the
property. As to her first error, she essentially contends
that the trial court erred in denying her a reimbursement for
the mortgage payments that she made toward the community
Flowers has answered the appeal, arguing that if this Court
were to allow her reimbursement, then he would assign the
following error: the trial court erred by not allowing his
evidence of child support payments made to Adrian Flowers for
children he alleges were not his. Ultimately, Ron Flowers
argues that if we reverse the trial court's denial of
Adrian Flower's reimbursement claim, then he too is
entitled to a reimbursement claim, or at the least, entitled
to have his evidence considered for such.
following reasons, we affirm the trial court's judgment.
Flowers ("Adrian") and Ron Flowers
("Ron") married on January 11, 1992. In July of
2000, the parties purchased a piece of immovable property for
$21, 000.00. The parties made a down payment of $4, 000.00
and financed the remaining $17, 000.00 at an interest rate of
2002, the parties purchased a mobile home. The mobile home
was moved onto the land. The price of the home was $8,
995.00. The parties paid $1, 000.00 as a down payment and
financed the remainder.
party disputes that community funds were used to make the
down payments and the monthly payments, for both the land and
mobile home, until the day of divorce. The land and mobile
home are the only community property in dispute and we shall
henceforth refer to them collectively as the
filed for divorce and incidentals on January 12, 2004. In his
pleading, he sought exclusive use of the community home and a
Ford Bronco. He also requested DNA testing of a child for
whom he paid child support to Adrian and the ability to claim
the child tax credit. The Court granted the judgment of
divorce on October 6, 2004. On October 21, 2004, a hearing
officer recommended that Ron pay child support and that the
children and Ron be ordered to complete DNA testing.
October 8, 2008, four years after the judgment of divorce,
and after the parties failed to amicably partition the
community, Adrian filed a petition for judicial partition.
She included a detailed descriptive list indicating the
equity in the home at $17, 000 and the liability at $12,
951.09. Notably, she failed to ...