Jules Crovetto VS June A. Crovetto

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STATE F LOUISIANA 1RT CO QF APPEAL FTRST TRC lT N0 2QP2 CW 1 95 JULES CROVETTO VERSUS JUNE A CROVETTO udgment rendered une 7 2013 On Supervisory Writ to the 22 Judicial District Court in and for the Parish of St Tammany Louisiana Trial Court No 2Q10 11595 Honorable Mary C Devereux Judge LINDSEY M LADOUCEUR ATTORNEYSFOR AB1TA SPRINGS LA RELATORS PLAINTiFFS ROBIN CROVETTO PEREZ AND KELLEY CROVETfO OVERBY AS CO OF THE EXECUTRICES SUCCESSION OF JULES V CROVETTO SR MARK G DUNCAN ATTORNEYS FOR MICHELLE MAYNE DAVIS RESPONDENT DEFENDANT MANDEVILLE JUNE CROVETTO LA BEFORE KUHN PETTIGREW McDONALD Ja AND Z L c C 3 z 22 C C PETTIGREW 7 We granted certiorari in this matter to consider the subject matter jurisdiction of Division K of the Twenty udicial Qiskrict CourY 22 JDC a division of the court Second designated to hear family and juveniie matters 4vnen cane of the former spouses dies after the petition for partition of the cGmmuniry of acquets and gains has been filed and set for trial but before judgment has been rendered On September 24 2012 the trial court found sua sponte that it lacked the requisite subject matter jurisdiction From that ruling the parties moved for a new trial which the trial court denied on October 16 2012 The parties thereafter sought supervisory review of tha ruling via supervisory writs For the reasons that follow we grant the writ and make it peremptory reversing the trial s court ruling of October 16 2012 denying the parties joint motion for new trial and find that Division K of the 22 JDC retained subject matter jurisdiction of the partition proceeding Facts and Procedura History This community property action commenced in Division K of the 22 JDC with a motion to partition the former community property of Jules Crovetto Sr and June Crovetto After the motion was filed and set for trial lules Crovetto died Thereafter the Succession of Jules Crovetto Sr was substituted s the party plaintiff by order of the court dated December 19 2011 and Crovetto two daughters Robin Crovetto Perez and s Kelley Crovetto Overby were appointed to represent the Succession as Co Executrices Subsequently a three trial was held on May 7 May 17 and June 4 2012 day after which the court took the matter under advisement On September 24 2012 the trial court sua sponte found that it lacked the requisite subject matter jurisdiction based on the Supreme Court decision in McCann v McCann 2011 La 5 93 s 2434 12 8 3d So 544 Thereafter the parties filed a joint motion for new trial on October 3 2012 We note the trial court ruing was simply that it did not have subject matter jurisdiction Moreover there s is nothing in the writ application indicating that the trial court either dismissed the matter or transFerced the proceedings to be reThus according to the motion and order of September 24 and the ruling of docketed October 16 denying the motion for new trial the matter remains in Division K of the 22n JDC 2 arguing that the trial court appCicatiqn of McC vuas erroneous because that case is s ann distinguishable from the fac and la invplv thEs matter On October 16 2012 the v din trial court denied the pa mofion for ew trial ties Subsequently the pla a f Ex as well as June Crovet Jules ffs nt o cutr 4bs o s Crovetto former spouse sought s evsew of that ruling We granted certiorari sory pe to consider the subject matter junsdicEion of Divis K of the 22 JDC a division of the on court designated to hear family and juvenile matters Plaintiffs argue the trial court erred in denying their joint motion for new trial relying on the Supreme Court decision in McCann which applied to a domestic s proceeding in the Family Court of East Baton Rouge Parish While plaintiffs agree that removing the matter from the Family Court for East Baton Rouge Parish was the correct action for the court to take in McCann as that deciseon focused on the specific language in the enabling statute for that specific court they submit that the enabling statute at issue in the instant matter La R 13 does not contain the specific language S 621 22 relied upon in McCann Plaintiffs further argue that Rule 23 of the Rules of Court for the 22 JDC further 0 supports their argument that the McCann decision is inapplicabie to the instant proceeding Discussion andApp Law e icab A court subject matter jurisdiction is an issue that cannot be waived or conferred s by the consent of the parties The issue of subjeck natter jurisdiction may be raised at any time even by the court on its own motion ar at any stage of an action Joseph v d iff 1342 Ratc 2010 La App 1 Cir 3 63 So 220 11 25 3d Subject matter jurisdiction is the legal power and authority of a court to hear and determine a particular class of actions or proceedings based upon the objeck of the demand the amount in dispute or the value of the right asserted La C art 2 P anchard B WL v 6758012 anchara 0106 B 2012 La App writ 1 Cir 0488 denied 2013 La 4j12 13 31 12 3 So 3d So 2012 Z013 WL 1679346 A judgment rendered by a court that has no jurisdiction over the subject matter of the 3 action or proceeding is void CoP See a C arts 3 d an G g25 iams Wi v Internationa Ofi Services LLC 2011 La App 1 Cir 12 106 So shore 1240 12 7 3d 212 writ denied 2013 La 3 409 So 367 0259 8f13 3d Tt is the duty of a court to examine subject matter jursdietion sua ev when the is is not raised by the aante s a ue litigants McGehee v City oBaton Rouge 2000 La App 1 Cir Parish f axt 1058 O1 12 9 809 So 258 2d The Louisiana Constitution states that except as otherwise authorized by this constitution a district court shall have oric jurlsdiction nf ali civil and criminal matters inai La Const art V A 16 Article V Section i5 of the Louisiana Constitution now A authorizes the legislature by law to estabiish new judgeships for district courts and to establish new divisions with limited car speciafized jurisdiction within the territorial jurisdiction of the district court and subjeck maiter jurisdiction over family or juvenile matters as provided by law Moreover Articie V 3 A 16 of the Louisiana Constitution provides The legislature may provide by law that a famify court has jurisdiction of cases involving title to movable and immovable property when those cases relate to the partition of community property and the se of claims arising from tfement matrimonial regimes when sueh action arises as a result of divorce or annulment of marriage See also La Const art i i8 Divisions K and L of the 22 JDC were esta as a resuit of 2008 La Acts iishe No 344 2 effective June 23 2fl08 These newly created divisions limited subject matter jurisdiction to family or juvenile na as rovided by law s te Specifically La R 13 which s the statute th S 62l 22 tdesignated the specific divisions to hear fami and juvenile mat within the 22 JDC and specifically Division y ers K provides in pertinent part A There is hereby created two additional district judgeships for the Second Twenty Judicial District for the parishes of St Tammany and Washington The first additional judge herein provided for and his successors shall preside over Division K which is hereby created for purposes of nomination and election only The second additional judge herein provided for and his successors shail preside over Division L which is hereby created for purposes a nomination and election only The first additional judge and hls successors from Division K shall be elected at large and shaii have jurisdiction hroughout the district The subject matter jurisdictior of Division iC is limited under tprovisions e 4 of Article V Section 15 of the onstitutoon af Louisiana to family or A juvenile matters as provided by Iaw Th second additional judge and his r si from Div shaif be lected at large and shall have jurisdictio throughout the district Th2 subject matker jurisdiction of Division L is limited under ti ecavisir of Article V Section 15 of G ns A the Constltution of Louiswand o familj ile e ju matters as provided by law Each af the twa additior s an eacF of hefr successors ajuc successors shall receive the same compe arad expense ailow3n payable satic es from the same sources arad r the sar r are now or may e a as rer hereafter be pr for okher judges f ti istrict vided e Emphasis added Moreover local Rule 23 of the 22 JDC pro in pertinent part 0 ides There shall be a family docket in the Twer Judicial District Second ty Court and that Docket shall be allotted to Divisions K and L Matters heard on the Family Docket shali include a Suits for annulment divorce and separation with all related incidental matters as defined by La C Art 105 and the community properly partitions associated with the dissolution of said marriages Until the Rules for Family and Domestic Proceedings for the Twenty Second Judicial District Court are fully implemenfed the Rules for Civil Proceedings in Districts Courts contained in Title I and Title II of the Rules of Louisiana District Courts together with the Twenty Second Judicial District Court Appendices shail apply to all family and domestic proceedings in the absence of a specific rule in the Twerty Second Judicial District Court Famiiy and D Proceedings Rules mesti Emphasis added While the Constitution allows for che granting of limited jurisdiction to estabfish family courts as well as specific divisions of district courts designated to hear family matters and matters incidental to marriage the egislature has specified the parameters of that jurisdiction although worded differently in eaeh judicial disErict The subject matter jurisdiction of Division K which iimits the court to proceedings involving family and juvenile matters falls within the province of the 22 JDC in St Tammany Parish and as shown above is provided for in La R 13 S 62i 22 In McCann the Supreme Court held tnat the East Baton Rouge Parish Family Court does not retain subject matter jurisdiction 9ver a partition of community property afker one of the former spouses dies The high caurt decision upon which the trial court s relied specifically addresses La R 13 which establishes the Family Court for East S 1401 Baton Rouge Parish and provides as follows 5 I A There is hereby established tf far caurt for the parisr of East Baton e ily Rouge which sha11 be a cooart of record writh exclusive j in the risdickion following proceedings 1 All actions for divorcE annulment c marriages claims for contri f butions made by one s to the educatiora r training of khe other spouse ouse establishrnent or disavov of the paternity of cfhildren spousai and child af support and nonsupport and custody and visitation of children as well as of all matters incidental to any of the foregoir gproceedings including but not restricted to the issuance of conservatory writs for the protection of community property the awarding of attorroey fees in judgments of divorce the cumulation of and rendering executory of spousal and child support the issuance of writs of fieri facias and garnishment under judgments of the court for spousal and child support and attorney fees jurisdiction of which was vested in the Nineteenth Judicial DistrPct Court for the parish of East Baton Rouge prior to the establishment of the famiiy court for the parish of East Baton Rouge a 2 All actions between spouses or former spouses for partition of community property and property acquired pursuant to a matrimonial regime b All actions for the termination or mod of a matrimonial regime fication c All actions for the settlemen and enforcement of cfaims arising from matrimonial regimes or the establishment thereof d All actions between former spouses seeking the enforcement of a judicial or contractual settlement of claims provided in this Subsection 3 All proceedings for writs of habeas corpus for the determination and enforcement of rights to the custody of minors or for the release of any person in actual custody in any case of which the family court has original jurisdiction B The family court for the parish of Eask Batan Rouge has all such additional jurisdiction power and authority w or hereafter provided by law Emphasis added While the language of La R 13 as well as the District Court Rule S 621 22 provides for Divisions K and L of the 22 aDf a5 a farnily ciocket where suits for annulment divorce and separation wikh a ncidenkai matters as well as community I property partitions associated with the dissol of marriage matters shall be heard it atior does not contain the limiting language between spouses or former spouses of La R S 1401 13 which establishes the Family Court in East Baton Rouge Parish This limiting language although essential to the court decision in McCann is not present in the s statute applicable to the instant matter 6 On June 28 2011 Jules Crovetto moved to par the community property that itian previously existed between him and Juna Crovetto A th time Jules Crovetto Sr moved to set the partition for trial D K of the 22 JDC was designated as one of the vision divisions to hear family and juve naiters and the caur had jurisdiction over this le matter given our interpretation of La R 3 Af a three trial but before a S 62 er day 22 decision in the suit had been rendered the Supreme Court handed down its decision in McCann wherein the court relied on the language of La R 13 which established S 1401 a Family Court for East Baton Rouge Parish Because that decision addressed La R S 1401 13 which established a separate Family Court in East Baton Rouge Parish we find it distinguishable from the instant suit While the McCann decision addressed the applicability of La R 13 to the S 1401 proceedings in East Baton Rouge Parish Family Court we do not believe its applicability ends e to Divisions K and L of the 22 JDC as the pertinent language of La R S 22 621 13 the applicable statute does not specify in its designation use of the terms spouses or former spouses Indeed the pertinent language of La R 13 limits S 621 22 the jurisdiction of Divisions K and L of the 22 JDC to family or juvenile matters d Further as previously mentioned Rule 23 of the Rules of Cour for the 22 JDC provide 0 that matters heard in Divisions K and L include suits for annulment divorce and separation with all related incidental matters as defned by La C Art 105 and the community property partitions associated with the dissolution of said marriages Although we are well aware that marriage terminates upon the death of either spouse or upon divorce we recognize that a community property partition is a related incidental matter to the marriage or dissolution of such union La R 13 the applicable statute S 6Z1 22 herein does not explicitly contain language referring to spouses or former spouses Rather it references suits for divorce a related matters thereto d As such we refrain La C art 105 references the incidental matters arising from marriage and falls within Chapter 1 of Title S of the Civil Code entitled Divorce 7 from e the Supreme Court ruling in l the onstant proceedings in ctending s lcCann to Division K of the 22 JDC usion Conc For the above faregoirg reasors the tri c arder o Se 24 2012 s urt tember finding it no longer had subject matker jur as well as the judgment of October 16 sdiction 2012 denying the parties joint motion for new trial is reversed and judgment is entered in favor of Robin Crovetto Perez and Kelley Crovetto Overby as Executrices of the Succession of Jules Crovetto as well as June Crovetto finding Division K of the 22 Judicial District Court has subject matter jurisdiction over the instant proceedings REVERSED AND RENDERED 8

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