Kathleen Davison v. Paul A. Davison, III and State of Louisiana Department of Children and Family Services ( 2023 )

KATHLEEN DAVISON NO. 2023 CW 0394
VERSUS
PAUL ADKINS DAVISON, III JULY 18, 2023
In Re: Kathleen Davison, applying for rehearing, Family Court
in and for the Parish of East Baton Rouge, No.
169, 757.
BEFORE: THERIOT, WOLFE, AND MILLER, JJ.
WRIT GRANTED WITH ORDER. On March 6, 2023, the trial
court signed a written judgment in this matter rendering
judgment on various pleadings filed by the parties
following a
February 6, 2023 trial on the merits. In particular, the March
6, 2023 judgment set child support arrearages owed by Paul A.
Davison, III (" Paul") in the amount of $ 66, 257. 18 as of February
28, 2023, and made that sum
executory. However, the March 6,
2023 judgment did not render judgment on claims raised by
relator, Kathleen Davison (" Kathleen"), in her reconventional
demand filed on April 12, 2022. Kathleen' s reconventional
demand alleges Paul failed to make an equalization payment
pursuant to an August 6, 2012 partition judgment, and this claim
appears factually related to the calculation of Paul' s child
support arrearages. Furthermore, the February 6, 2023 trial
transcript indicates that the trial court heard evidence from
both parties Kathleen' s
regarding reconventional demand.
Therefore, we find the trial court erred by failing to render
judgment on the claims alleged in Kathleen' s reconventional
demand. See Smith v. White, 398 So. 2d 178 ( La. App. 3d Cir.
1981) and Smitherman, Lunn, Chastain & Hill v. Killingsworth,
561 So. 2d 816 ( La. 2d Cir.
App. 1990) . Accordingly, the March
6, 2023 judgment is vacated, and this matter is remanded to the
trial court for rendition of a judgment addressing all claims
litigated during the 6, 2023
February trial on the merits,
including those set forth in Kathleen Davis' s reconventional
demand.
MRT
EW
SMM
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT