Opinion
NO. 2017-CA-0841
08-01-2018
JO SCHERNBECK HODDINOTT v. REGINALD KENNING HODDINOTT, III
LOMBARD, J., DISSENTS WITH REASONS,
I respectfully dissent.
The parties were married in 2001. After twelve years of marriage, Mr. Hoddinott filed for divorce. In response, Mrs. Hoddinott filed an amended reconventional demand for a divorce pursuant to La. Civ. Code art. 103(4) and final spousal support pursuant to La. Civ. Code art. 112(B), alleging thirteen incidents of domestic abuse.
As referenced by the majority, a specific and comprehensive statutory scheme has been enacted by the state legislature to address domestic abuse during marriage. Thus, a victim of spousal abuse shall be awarded either final periodic support or a lump sum award based on relevant factors, including "[t]he existence, effect, and duration of any act of domestic abuse committed by the other spouse upon the claimant, regardless of whether the other spouse was prosecuted for the act of domestic violence. La. Civ. Code art. 112(C)(9). In the absence of a criminal conviction evidencing domestic abuse, the district court makes a determination regarding the existence and nature of domestic abuse. See La.. Rev. Stat. 9: 327(B). In this case, rather than litigating the issue of spousal abuse, the parties chose to enter into a consent judgment wherein Mrs. Hoddinott dismissed with prejudice any claims made for a divorce based on physical violence and domestic abuse and Mr. Hoddinott agreed to pay $4000 per month in rehabilitative spousal support for thirty-six months. The consent judgment provided in pertinent part:
IT IS ORDERED, ADJUDGED AND DECREED that REGINALD K. HODDINOTT, III shall pay rehabilitative spousal support in the amount of $4000.00 per month to JO ELLEN SCHERNBECK BODDINGOTT beginning October 15, 2014. Said amount is payable on the fifteenth of each month.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the $4,000.00 per month in rehabilitative spousal support shall be paid by REGINALD K. HODDINOTT, III to JO ELLEN SCHERNBECK HODDINOTT for a period of thirty-six months beginning October 15, 2014. Said $4,000.00 per month in rehabilitative spousal support shall not be terminated, increased and/or decreased by either party for any reason whatsoever.
IT IS FURTHER ORDERED that any claims made pursuant to Art. 103(4) for a divorce based on physical violence and/or Art. 113 for interim support based upon an Art. 103(4) divorce based on physical violence are hereby dismissed with prejudice.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any claims made pursuant to Art. 112 and La. R.S. 9:327 for final periodic spousal support based upon domestic abuse are hereby dismissed with prejudice.
Compromises and consent judgments are well-supported statutorily and jurisprudentially: "A compromise is a contract whereby the parties, through concessions made by one or more of them, settle a dispute or an uncertainty concerning an obligation or other legal relationship," La. Civ. Code art. 3071, and, most specifically, a "compromise precludes the parties from bringing a subsequent action based upon the matter compromised." La. Civ. Code art. 3080. Compromises are favored in the law and the burden of proving the invalidity of a compromise is on the party attacking the agreement. Ellison v. Michelli, 513 So.2d 336, 339 (La. App. 4 Cir.1987). A consent judgment, which has the nature of a compromise, is "a bilateral contract" that allows the parties to "adjust their differences by mutual consent and thereby put an end to a lawsuit with each party balancing the hope of gain against the fear of loss." McDaniel v. McDaniel, 567 So.2d 748, 750 (La. App. 2 Cir. 1990); see also Blake v. Blake, 2016-1196 (La. App. 4 Cir. 9/20/17), 228 So. 3d 223, 238, writ denied, 2017-2057 (La. 3/23/18), ___ So.3d ___, 2018 WL 1569453 (upholding negotiated consent agreement that, in retrospect, appeared less favorable to former wife) (citing La. Civ. Code art. 3071; McDaniel v. McDaniel, supra; DeSoto v. DeSoto, 694 So.2d 1043( La. App. 5 Cir. 1997) (consent judgment may also have the nature of a compromise)). Therefore, it "has binding force from the presumed voluntary acquiescence of the parties, not from adjudication by the court." Taylor v. Orleans Par. Sch. Bd., 2003-2023, p. 4 (La. App. 4 Cir. 9/1/04), 883 So.2d 360 (La. 1980) (citing Ritchey v. Azar, 383 So.2d 360 (La.1980); Robbert v. Carroll, 97-0854 (La. App. 4 Cir. 9/10/97), 699 So.2d 1103 ("The Louisiana Civil Code expressly provides that a transaction or compromise between two or more parties, who by mutual consent adjust their differences to prevent or resolve a lawsuit, carries force equal to the authority of adjudicated disputes."); Adrian v. Adrian, 2015-419 (La. App. 3 Cir. 11/4/15), 178 So. 3d 297, 301-02 ("A judgment, whether it results from the assent of the parties or is the result of a judicial determination after a trial on the merits, is and should be accorded sanctity under the law."). Because public policy favors compromises and the finality of settlements, Brown v. Drillers Inc., 93-1019 (La.1/14/94), 630 So.2d 741, the doctrine of res judicata is designed to promote judicial efficiency and final resolution of disputes by precluding re-litigation of claims and issues arising out of the same factual circumstances. Avenue Plaza, L.L.C. v. Falgoust, 96-0173, pp. 4-5 (La.7/2/96), 676 So.2d 1077, 1079. Accordingly, compromise and the finality of settlement are both favored by public policy and claims resolved and dismissed by consent judgment are precluded from being re-litigated under the doctrine of res judicata.
The record in this case does not support a finding that res judicata was precluded by exceptional circumstances. Mrs. Hoddinott's instant lawsuit is based on the same allegations of domestic abuse that she voluntarily dismissed with prejudice in the consent judgment wherein Mr. Hoddinott agreed to provide substantial "rehabilitative support." In Louisiana, although spouses are barred from pursuing torts claims during marriage, the legislative statutory scheme provides an alternative wherein an abused spouse may seek both a divorce and spousal support based on the same factual scenario as a potential tort action.
To the extent that Mrs. Hoddinott's petition alleges new claims of financial abuse, she concedes that the community partition is still pending and, thus, financial claims appear premature. --------
The issue here is not whether a plaintiff is precluded in all circumstances from filing a tort claim after a divorce but whether the district court in this case erred in finding that this plaintiff's claims were precluded under the doctrine of res judicata. The language of the consent judgment clearly indicates that Mrs. Hoddinott agreed to dismiss with prejudice her claims of physical violence and domestic abuse against her husband and that she received a substantial sum ($4000 for thirty-six months) in the form of "rehabilitative spousal support." This compromise was negotiated for Mrs. Hoddinott by competent counsel and she voluntarily entered into the consent judgment. When the language of a consent judgment is clear and explicit, no further interpretation may be made in search of the parties' intent. Therefore, I would affirm the judgment of the district court.