Lolita M. Whitmore VS Kevin A. Carter

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2009 CA 1084 LOLITA M WHITMORE VERSUS KEVIN A CARTER Judgment On Appeal from the rendered FES 1 2 2010 23rd Judicial District Court Parish of Ascension State of Louisiana Case Number 60539 Division D The Honorable Jane Triche Milazzo Judge Presiding Harry W Ezim Jr Counsel for Plaintiff Dean Michael Esposito Lolita Whitmore Baton LA Rouge Mark D Plaisance Baker LA Harley M Brown Baton Rouge LA BEFORE Counsel for Defendant Kevin Carter DOWNING GAIDRY AND McCLENDON JJ DOWNING J Lolita M Whitmore her former husband Kevin A holding her in contempt The Nisi against rendered written Whitmore 1 The per day a court Motion for a hearing and then on an the Contempt and Rule the trial matter amended court The judgment date a of error appeals the judgment asserting two assignments ordered agreement that entitled Whitmore to a 25 credit when she had physical custody of the children in excess of had court a consecutive days during the summer Because the months extend this arrangement to include erred by denying Whitmore this credit to agreed extrajudicially months the trial court 2 judgment of the trial judgment a for past due child support and appellee After merely corrected now parties seven Whitmore reasons amended judgment Carter appeal arises from on arrearages she owed judgment establishing a We affirm the current matter Carter filed appeals non parties summer contempt of court a party must willfully disobey a court order Whitmore paid child support based upon her good faith calculations of the amount owed according to an extrajudicial agreement between she and her To commit spouse Because Whitmore did not in contempt of court ex Both of these assignments of extrajudicial agreement with regard the summer this regard cannot months was The trial rationale s written court reasons for the decision assignments willfully disobey error are to predicated on a court was clearly wrong Accordingly we s in making this find testimony in reviewed the record adequately explain the facts of no an day credit beyond found however that Whitmore Having order she is the existence of 25 00 per extension of a unbelievable and lacks merit conclude that the trial trial court court not the merit in finding case we The and the Whitmore s of error DECREE F or the of this appeal foregoing are reasons assessed to we affirm the judgment of the trial Lolita M Whitmore opinion in compliance with URCA Rule 2 16 1 B AFFIRMED 2 court Costs We issue this memorandum

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