Whitney Chelsey Randall v. Owen Andrew Bercegeay ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
WHITNEY CHELSEY RANDALL NO. 2019 CW 1191
VERSUS
OWEN ANDREW BERCEGEAY JULY 6, 2020
In Re: Owen Andrew Bercegeay, applying for supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 2014- 10347.
BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.
WRIT GRANTED IN PART; WRIT DENIED IN PART. The writ
application
filed by relator, Owen Andrew Bercegeay, is granted
in part and denied in part. We find the trial court erred in
ordering specific performance of the sale of property in its
August 8, 2019 judgment through a summary proceeding. See La.
Code Civ. P. art. 2592. We further find the trial court erred
in holding Owen Andrew Bercegeay in contempt of court in its
August 8, 2019 judgment for his failure to cooperate in the sale
of the property according to the judgment signed on February 14,
2019, when the February 14, 2019 judgment did not contain an
order to cooperate in the sale of the but instead
property
ordered him to sign a
listing agreement. Therefore, the
portions of the trial court' s August 8, 2019 judgment that
ordered specific performance and that held Owen Andrew Bercegeay
in contempt are reversed. We further find that this matter is
not abandoned because the defendant, Mr. Bercegeay, voluntarily
participated in the December 17, 2018 hearing, thereby waiving
his right to assert abandonment. See, Louisiana Dept.
e. g., of
Transp. and Development v. Oilfield Heavy Haulers, L. L. C., 2011-
0912 ( La. 12/ 6/ 11), 79 So. 3d 978, 985- 86. The writ is further
granted to instruct the trial court to proceed to partition the
property between the two co- owners in accordance with La. Code
Civ. P. arts. 4601, et In this
seq. all other respects, writ
application is denied.
JEW
GH
McClendon, J., concurs.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLER OF COURT
FOR THE COURT