Amelia Ales Barnett v. William B. Barnett ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
AMELIA ALES BARNETT NO. 2022 CW 1253
VERSUS
WILLIAM B. BARNETT FEBRUARY 1, 2023
In Re: William B. Barnett, applying for supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 2021-11416.
BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The portions of
the trial court's October 18, 2022 judgment, finding the
property located at 216 Tchefuncte Drive, Covington, Louisiana
("the Tchefuncte Property") is the separate property of
plaintiff, Amelia Ales Barnett ("Amelia") , "to do with as she
wishes" and pertaining to any sale of the Tchefuncte Property,
are vacated. Procedural due process requires an opportunity to
be heard, in addition to notice of the pendency of an action,
and in conjunction therewith, adequate notice of the hearing is
fundamental. Ikonitski v. Ikonitski, 2016-0642 (La. App. 1st
Cir. 9/16/16), 204 So.3d 232, 234. La. Code Civ. P. art.
1571 (A) (1) (a), provides in pertinent part that district courts
shall prescribe the procedure for assigning cases for trial by
rules, which shall require adequate notice of trial to all
parties. See Hill v. Lopez, 2005-0182 (La. App. 1st Cir.
2/22/06), 929 So.2d 80, 82 n.2. The documents before this court
do not reflect notice was given to defendant William Barnett
("William") of a hearing on Amelia's Second Supplemental Rule
for Authority to Act Alone to Sell Home and for Use of Community
Movables, which requested authorization to sell the Tchefuncte
Property. There is no evidence that William received actual
notice that the rule would be heard on September 14, 2022, as no
hearing date was included in the proposed order attached to the
Second Supplemental Rule for Authority to Act Alone to Sell Home
and for Use of Community Movables. Moreover, nothing in the
Rule for Authority to Act Alone to Sell Home and For Use of
Community Movables or Supplemental Rule for Authority to Act
Alone to Sell Home and for Use of Community Movables, which
actually were set for hearing on September 14, 2 022, reflect a
request for authority to sell the Tchefuncte Property or that
such would be heard and determined on September 14, 2022. In
all other respects, the writ is denied.
JMG
EW
SMM
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT