Opinion
NO. 2014 CW 1302
11-19-2014
CAROLYN GUNTZ WILDERSON v. MAYA LUCILLE GUNTZ FLOWERS
In Re: Carolyn Guntz Wilderson, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 617,503.
BEFORE: GUIDRY, THERIOT AND DRAKE, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The trial court's September 8, 2014 judgment is reversed to the extent that it sustains the defendant's peremptory exception raising the objection of no cause of action. The plaintiff's petition states that there has been a May 4, 2012 judgment of possession placing the defendant, Maya Guntz Flowers, in possession of an undivided five-sixths interest in the Christian Street Property. Furthermore, the plaintiff prayed in the petition that an equitable division of the net proceeds from the sale of the property be made, "taking into consideration that the plaintiff invested unreimbursed personal funds in the property." See La. Civ. Code arts. 800 and 806. Accordingly, judgment is hereby rendered overruling the exception. In all other respects, the writ is denied.
JMG
MKT
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT