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Madere v. Madere

Supreme Court of Louisiana
Oct 13, 1995
660 So. 2d 1205 (La. 1995)

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. Trahan

Opinion

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

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIFTH CIRCUIT, PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA

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.


Summaries of

Madere v. Madere

Supreme Court of Louisiana
Oct 13, 1995
660 So. 2d 1205 (La. 1995)

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. Trahan
Case details for

Madere v. Madere

Case Details

Full title:BRENDA DUFRESNE MADERE vs. MICHAEL D. MADERE

Court:Supreme Court of Louisiana

Date published: Oct 13, 1995

Citations

660 So. 2d 1205 (La. 1995)

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