Summary
In Madere, 660 So.2d at 1205, the Louisiana Supreme Court determined that the judgment at issue allocated the former spouses' community assets and liabilities, and resulted in an unequal net distribution, but did not order the payment of an equalizing sum of money as required by LSA–R.S. 9:2801.
Summary of this case from Trahan v. TrahanOpinion
No. 95-C-1635
October 13, 1995
IN RE: Madere, Michael D.; — Defendant(s); Applying for Writ of Certiorari and/or Review; Parish of Rapides 40th Judicial District Court Div. "B" Number 16,969; to the Court of Appeal, Fifth Circuit, Number 95-CA-0088
Writ granted; See per curiam.
BJJ
PFC
WFM
JCW
HTL
CDK
JPV
The judgment dated October 30, 1992, allocated the community assets and liabilities. Although this judgment resulted in an unequal net distribution, the judgment did not order the payment of an "equalizing sum of money, either cash or deferred, secured or unsecured" under terms directed by the trial court as required by La.R.S. 9:2801. Thus, the partitioning judgment did not create a money judgment. Absent a money judgment, there was nothing for plaintiff to execute through a writ of fieri facies. The court of appeal erred in concluding otherwise. Accordingly, we hereby reinstate the trial court's order dated September 20, 1994 recalling and vacating the writ of fieri facias.