Kellie Dorgan Keeffe VS Kerry Michael Keeffe (2007CA0208 Consolidated With 2007CA0209)
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT NUMBER 2007 CA 0208 KELLIE DORGAN KEEFFE VERSUS KERRY MICHAEL KEEFFE CONSOLIDATED WITH NUMBER 2007 CA 0209 tJ KERRY MICHAEL KEEFFE VERSUS KELLIE DORGAN KEEFFE Judgment Rendered November Appealed 2 2007 from the Twenty Second Judicial District Court In and for the Parish of St Tannnany Louisiana Trial Court Number 2003 13635 c w Honorable Elaine W DiMicelli Mark Alan J olissaint Judge Attorney for Appellant Kerry Michael Keeffe Slidell LA Angela Wilt 2003 13647 Attorneys for Appellee Kellie Dorgan Keeffe Cox Debra K Henkels Slidell LA BEFORE Cd CARTER 1lte e J C O A UA PETTIGREW AND WELCH JJ WELCH J In this appeal the defendant Kerry Michael Keeffe challenges judgment partitioning the community of follow the to community property Dorgan Keeffe mandatory procedure we vacate the trial court acquets and gains that formerly existed between him and his former wife Kellie failed a forth set Because the trial cOUli by law for partitioning judgment and remand for further proceedings in accordance with law I FACTUAL AND PROCEDURAL HISTORY Kellie Keeffe and Louisiana August parties 1 on June 26 2003 were With 1998 Kellie filed 1 were married in S1 to the Tammany Parish They physically separated in April petition for divorce based ultimately divorced by judgment signed regard divorce she Keeffe Ken partition of on on 2002 La C C art and 103 on The March 2 2004 community property in Kellie s petition for alleged 11 Plaintiff Kellie and defendant Kerry acquired certain community property during their marriage consisting of both movables and immovables Petitioner is entitled to a portion of the community of acquets and gains existing between them and reserves her right to reimbursements and after due proceedings are had herein there be a judgment tenninating the community property regime retroactive to the date of the filing of this petition and a judgment partitioning the community of acquets and gains between petitioner and defendant respectively in accordance with the provisions of La R S 9 2801 4 and that this Court issue an Order fixing a date for the parties to file their descriptive lists and fixing a date for the parties herein to file their motions to traverse WHEREFORE The petition petitioner Kellie prays that for divorce filed 1998 however her detailed by Kellie states that the parties were married on June 26 descriptive list states that the parties were married on June 28 1998 2 Kerry also filed a petition for divorce on August September 24 2003 the two suits were consolidated 2 1 2003 However by order dated 6 The of acquets and gains be terminated retroactive to the date of the filing of this pleading and the Court order the parties to filed Detailed Descriptive Lists of assets and liabilities within forty five 45 days of service and a motion to traverse be filed within sixty community 60 days of the last filed detailed descriptive list and that the community be partitioned in accordance with the provisions of La R S 9 2801 On December 17 2003 at parties divorce Kellie requested the parties be done for to On December 19 and issued by 2003 the trial Order Standing a stipulation 2004 assets liabilities and into the record three court sent for value but order also contest a joint stipulation reimbursement requests and days prior the inclusion third party testimony to or trial would be not agree required appraisals of real estate appraisers otherwise agreed reimbursement requests Thereafter nor KelTY filed did they file a a on were April detailed to be order which by were the on April to on to to 26 Partition that descriptive lists on the value of to file joint a each which the parties agree The partition the valuation of an item establish the market value be performed by certified parties and that contested supported by documentary evidence 26 2004 descriptive joint stipulation further regarding the identity of exclusion of the item in the of the item that all unless the partition of court an review the to meet to reaching provided that if the parties could independent The trial notice for trial a uncontested item and its value the identity of each item on trial for the Community Property were each party for the purpose of community a to community property partition a provided the parties and their counsel filed 26 April on incidental matters parties and their counsel that it would be sending outlines what is 2004 other on and the trial court set community property informed the hearing a a trial was held Prior to trial neither Kellie list into the record of these of facts Kerry did 3 proceedings not appear at the trial nor only Kellie and her attorney at the trial the trial were present and Kellie At the conclusion of Kellie court made the following s was testimony the only witness and who testified presentation of her case statements Im going to need additional information on some of this stuff I need blue book values on all of these vehicles And Im the other on going to need some kind of an appraisal or something equipment I can t just take her estimate of what she thinks the stuff is worth And I also need So we re Approximately detailed sworn going a to set an to hold the record open the record a on On the pleading same on by November 18 2005 Kellie filed matter telefax hand u was delivery or mail on descriptive list into was filed into ultimately signed by It is from this judgment that a and certified that she date Kellie filed her detailed proceedings which judgment November 29 2005 On half later judgment partitioning the parties community property the record of these court a list into the record in this served the defendant with this November 3 2005 value of it evaluation of the business year and descriptive a the trial Kerry has appealed ASSIGNMENTS OF ERROR appeal Kerry contends that 1 The trial court erred in rendering partition judgment without requirements of La R S 9 2801 first property 2 The trial court erred in property partition judgment own pretrial and signing a community complying with the signing community requiring compliance with its a orders III In his first rendering without first and assignment LAW AND DISCUSSION of error Kerry contends that the trial 4 court erred in rendering comply judgment partitioning a with the The the specific procedural requirements of La provisions of community property is La be to R S p 4 La App 1st Cir La 17 6 05 9 2801 La R S 9 17 04 days of service detailed descriptive location of each of motion a list of all and all asset or concur the trial on or of such the merits Id mandatory case However at a sworn ithin a forty sworn sixty days of the each party shall either asset and liability and the assets to be determined in its discretion court 2 is La R S determine the court must hearing one us detailed signed sworn We note that record before all issues The may including of provisions by those La R S a court conducted a partition trial judgment of partition approximately eleven detailed 3 descriptive list does not contain thereon a a rule to show judicial As a cause result why Kerry Kellie determination of the s was detailed community which may be an appropriate remedy when judgment fails to file their own detailed descriptive list See La RS 9 2801 A 1 a or a at descriptive list into the record in this list should not be deemed to constitute opposing party he t the record reflects that the trial then rendered and assets and liabilities w Bible 2003 2793 at p 5 895 So 2d at 550 days after Kellie filed her descriptive writ denied 2005 1081 list and liabilities and the valuation of before either party filed 3 on a Bible 2003 2793 v Within the traverses La R S 9 2801 A matter and to agree descriptive list of the other party raised in the traverses In this unable provides that exclusion of each and determine are a descriptive ordinary procedure try 9 2801 1 community liabilities in the inclusion At the trial assets community are community property the fair market value and valuations contained in the detailed 9 280 1 A 2 procedure by which by either party each party shall file date of service of the last filed detailed traverse 9 2801 We agree Bible 549 550 to 904 So 2d 700 Louisiana Revised Statutes 9 2801 A five spouses 9 2801 A 895 So 2d 547 RS forth the set partitioned when the partition of community property because it failed community property 5 an not given the opportunity he either to traverse or concur was statutorily entitled in the inclusion and the valuations contained in Kellie Furthermore with the Bank the mortgage Davidson required by assets of the La R S adjudicating 9 280 1 A issues raised by 4 a case we do or 9 280 1 A 4 b and partition was an appropriate In by light of the trial at an La R S 9 2801 matter for 9 2801 this a trial court findings community for this court an equal exercise or an failure or note on a Harley court as has broad discretion of assets between the legal conclusions by assets and on net accordingly whether the s a reflect that the trial not equitable distribution impossible court Parish National account at partition of community property and is afforded a each spouse received assets and liabilities of R S liability determined any of its liabilities have any factual not Therefore it is does Although a the trial court with respect to its valuation of of liabilities savings matter community great deal of latitude in arriving spouses in this a and asset 2 list the former matrimonial domicile and motorcycle the record in this valued any of the in on exception of under La R S 9 2801 A exclusion of each or descriptive s to determination review to determine if value required by as trial court s La of judgment abuse of its discretion to comply with the procedures mandated court must vacate the judgment on appeal and remand this 4 completion of the partition proceedings IV For the above and foregoing in accordance with La CONCLUSION reasons the November 29 2005 the trial court between Kerry Michael Keeffe and Kellie Dorgan Keeffe is hereby this 4 matter Since judgment the community remanded for further we we partitioning fInd merit to pretermit Kerry s R S of acquets and proceedings consistent fIrst 6 of gains formerly existing vacated and with the views assignment of error and assignment of error discussion of his second judgment expressed vacate the trial court s in this opinion All costs of this appeal are assessed Keeffe VACATED AND REMANDED 7 to the plaintiff appellee Kellie Dorgan
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