Opinion
NO. 2014 CW 1220
11-03-2014
DAVID THOMASSEE v. POLLY P. THOMASSEE
In Re: Polly P. Thomassee, applying for supervisory writs 32nd Judicial District Court, Parish of Terrebonne No. 162481 c/w 162580.
BEFORE: KUHN, PETTIGREW AND WELCH, JJ.
WRIT GRANTED WITH ORDER. The district court's judgment of April 4, 2014 partitioning the community of acquets and gains between relator Polly P. Thomassee and respondent David Thomassee is a final, appealable judgment as to all issues contained therein except one. A trial court is required to value each asset of the community as of the date of the partition trial on the merits, including the community interest in pension rights and the non-employee spouse's portion thereof. La. R.S. 9:2801. Therefore the writ is granted and the case is remanded to the 32nd Judicial District Court in order to clarify the distribution method of the Chevron 401(k) and retirement annuity plans. As for the remaining issues, the writ is granted for the limited purpose of remanding the case to the district court with instructions to grant the relator an appeal pursuant to the April 21, 2014 pleading notifying the district court of relator's intention to seek writs. See In Re Howard, 541 So. 2d 195 (La. 1989) (per curiam). Relator is to submit an order for appeal to the district court by November 17, 2014. Additionally, a copy of this Court's order is to be included in the appellate record.
JEK
JTP
JEW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT