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.

Flowers v. Flowers

Court of Appeals of Louisiana, Second Circuit

February 27, 2019

RON FLOWERS Plaintiff-Appellee
v.
ADRIAN ROBERSON FLOWERS Defendant-Appellant

          Appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 480906 Honorable Roy L. Brun, Judge

          WALTER D. WHITE, APLC By: Walter D. White Counsel for Appellant

          DAVIS LAW OFFICE By: S.P. Davis Counsel for Appellee

          Before WILLIAMS, GARRETT, and McCALLUM, JJ.

          MCCALLUM, J.

         In this 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 home.

         Ron 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.

         For the following reasons, we affirm the trial court's judgment.

         FACTS

         Adrian 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 twelve percent.

         In 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.

         Neither 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 "home."

         Ron 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.

         On 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 ...


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.