Cecil Mitchell Adrian v. Kathy Lynn Adrian

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

15-419

CECIL MITCHELL ADRIAN

VERSUS

KATHY LYNN ADRIAN

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 2010-5035
HONORABLE GUY E. BRADBERRY, DISTRICT JUDGE

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PHYLLIS M. KEATY
JUDGE

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Court composed of James T. Genovese, Shannon J. Gremillion, and Phyllis M.
Keaty, Judges.

AFFIRMED.

John Green, Jr.
Attorney at Law
1135 Hodges Street
Lake Charles, Louisiana 70601
(337) 990-0060
Counsel for Defendant/Appellee:
Kathy Lynn Adrian

Todd H. Melton
Todd H. Melton, L.L.C.
Post Office Box 847
Lake Charles, Louisiana 70602-0847
(337) 439-2979
Counsel for Plaintiff/Appellant:
Cecil Mitchell Adrian

KEATY, Judge.

Cecil Mitchell Adrian appeals the community property judgment dividing

the individual retirement accounts (IRAs) owned by him and his former wife,

Kathy Lynn Adrian. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

In 2010, Mitchell and Kathy each filed a Petition for Divorce against the

other. They had been married for twenty-one years and were the parents of a

minor daughter.

The parties and their attorneys appeared in open court on January 4, 2011, at

which time Kathy’s attorney informed the trial court that the parties had prepared a

memorandum of understanding. Thereafter, stipulations were put on the record in

what both Mitchell and Kathy’s attorneys agreed was a “global resolution, which

includes not only the issues that were pending before the Court, but also a full-

blown partition.” With regard to the IRAs, Kathy’s attorney stated, “They’ll split

the IRAs[.]” After the stipulation was put on the record, Mitchell answered,

“Yes,” when asked if he agreed to settle the issues in accordance with the

stipulations. At the close of the hearing, the trial court stated that the stipulations

would become the order of the court, and Kathy’s attorney agreed to prepare the

judgment.

After the passage of more than two years, Mitchell filed a Rule to Correct

Judgment and/or for Rehearing and/or To Set Aside Judgment on October 22, 2013.

Therein, he asserted that although the parties had reached a global stipulation on

January 4, 2011, no judgment had been filed because of a dispute concerning the

provision in the judgment that related to their respective IRAs. According to

Mitchell, the first draft of the judgment prepared by Kathy’s attorney provided that

he and Kathy would keep their own IRAs. Mitchell alleged, however, that after

“various changes were requested that had nothing to do with the retirement

accounts,” Kathy’s attorney prepared another judgment that provided that he and

Kathy would split each other’s IRA. A hearing on Mitchell’s Rule to Correct

Judgment took place on March 11, 2014. According to a minute entry, both of the

parties and their attorneys were present, and, “[a]fter a brief pretrial conference,

Judgment [was] rendered, read[,] and signed.” The minute entry thereafter stated:

“See Decree. For complete colloquy, see Court Reporter’s transcript.” The record

on appeal does not contain a transcript dated March 11, 2014. The trial court

signed a Stipulated Judgment on November 18, 2014,1 which provided that Kathy

and Mitchell would each get 50% of the IRA that each had in their name.

Mitchell timely filed a motion to devolutively appeal the Stipulated

Judgment and is now before this court asserting that the trial court “made a legal

error in signing the Stipulated Judgment filed herein on November 19, 2014, as

there was clearly no ‘meeting of the minds’ between the parties regarding their

IRA accounts.”

DISCUSSION

Standard of Review

Before we address the merits of this appeal, we must determine the

applicable standard of review. Mitchell insists that the trial court committed legal

error such that we should conduct a de novo review of the record. Mitchell fails to

offer any statutory or jurisprudential support for his contention that the trial court

incorrectly applied any principles of law. This court has applied the manifest

1
The typed judgment reflected that it had been rendered on January 4, 2011, and that it
was read and signed “on the __ day of ___, 2013.” The copy of the judgment that the trial court
signed has a line drawn through “2013” and a handwritten signature date of November 18, 2014.

2

error/clearly wrong standard when reviewing a “trial court’s determination that

there existed a valid and enforceable settlement agreement.” Geer v. BP Am. Prod.

Co., 14-450, p. 4 (La.App. 3 Cir. 11/5/14), 150 So.3d 621, 624-25, writ denied, 14-

2558 (La. 2/27/15), 159 So.3d 1070. As we explained in Geer, our rationale for

doing so was “‘because the existence or validity of a compromise depends on a

finding of the parties’ intent, an inherently factual finding.’” Id. at 625 (quoting

Klebanoff v. Haberle, 43,102, p. 4 (La.App. 2 Cir. 3/19/08), 978 So.2d 598, 601).

Accordingly, we will employ the manifest error/clearly wrong standard of review.

Merits

Mitchell contends that the trial court erred in signing the November 19, 2014

Stipulated Judgment. He submits that because there was no meeting of the minds

between him and Kathy regarding the partition of their respective IRAs, there was

no consent and, thus, no enforceable contract perfected between them. Mitchell

submits that on January 4, 2011, when Kathy’s attorney stated on the record that

“They’ll split the IRAs,” everyone understood that to mean he and Kathy would

each keep their own IRAs. He further submits that if the Stipulated Judgment is

allowed to stand, Kathy will receive a windfall because she will get his interest in

their former home plus half of his IRA, which he claims is worth substantially

more than hers.2

Kathy counters that there was a meeting of the minds and that she and

Mitchell entered the stipulations in order to resolve all of the outstanding issues

between them. She contends that the numbers were fair and bargained for at the

time the stipulations were entered. With regard to Mitchell’s claim that the

2
In his Rule to Correct Judgment and in his brief to this court, Mitchell asserts that his
IRA was valued at $160,000, while Kathy’s IRA was valued at $30,000. We note that the record
does not contain any information about when or how those alleged values were determined.

3

Stipulated Judgment amounts to a windfall in her favor, Kathy refers to the

transcript of the January 4, 2011 hearing, wherein she and Mitchell acknowledged

and agreed that he was giving her his portion of the family home in exchange for

her waiving her rights to permanent spousal support and contributions to education.

She further notes that the values of their respective IRAs were not mentioned at the

hearing and that Mitchell did not make any argument about the value of the IRAs

until two and one-half years after the stipulation was rendered. Thus, Kathy

contends that Mitchell’s reliance on any “after the fact” calculation of the value of

the IRAs in and of themselves, or in relation to the remainder of the stipulation,

cannot be indicative of what the parties intended at the January 4, 2011 hearing.

Kathy submits that Mitchell’s interpretation of the phrase, “They’ll split the IRAs,”

ignores the common definition of the word “split,” as it clearly means “to divide.”

Kathy’s appellate brief refers this court to two definitions of the word “split”: 1)

the Merriam-Webster definition which means “to divide into parts or portions: as[]

to divide between persons: share” and 2) the Oxford Dictionary definition which

means, “Break or cause to break forcibly into parts, especially into halves or along

the grain.” Finally, Kathy submits that Mitchell is trying to take advantage of a

mistake in the draft judgment in order to dodge the obligations that he knowingly

assumed in the stipulation.

Mitchell’s contentions on appeal rest on general contract law. He cites

Bieber-Guillory v. Aswell, 98-559, p. 7 (La.App. 3 Cir. 12/30/98), 723 So.2d 1145,

1149-50, wherein, citing La.Civ.Code art. 1927,3 we held that “[w]hen there is no

meeting of the minds between the parties, there is no consent, thus no enforceable

3
Louisiana Civil Code Article 1927, provides, in pertinent part, that “[a] contract is
formed by the consent of the parties established through offer and acceptance.”

4

contract.” Our reading of the January 4, 2011 transcript wherein the parties

through their attorneys expressed their desire to enter into a “global stipulation

which includes not only the issues that were pending before the Court, but also a

full-blown partition” convinces us that the parties clearly intended to compromise

and settle all of the matters between them. Thus, resolution of this appeal must be

determined by application of the specific principles relative to the type of contract

known as a compromise.

Louisiana Civil Code Article 3071 provides that “[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.” “Compromises are favored in the law, and the burden of proving the

invalidity of such an agreement lies with the party attacking it.” Klebanoff, 978

So.2d at 602.

A judgment is a solemn adjudication of a court, which settles
the rights of the parties, as disclosed by the record, and which passes
on the matters presented for determination. Cheramie v. Vegas, 468
So.2d 810, 812 (La.App. 1st Cir.), writ denied, 470 So.2d 122
(La.1985). A consent judgment is a bilateral contract wherein the
parties 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.
2nd Cir.1990). 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.
The law sets forth the various methods whereby a judgment
may be attacked. A party may sue to have the judgment declared a
nullity for vices in either form or substance. LSA–C.C.P. art. 2001[-
2006]; Cheramie v. Vegas, 468 So.2d at 813. For example, under
LSA–C.C.P. art. 2002, a final judgment may be annulled if it is
rendered against an incompetent person not properly served with
process, against a defendant not served with process and who has not
entered a general appearance, or by a court which does not have
subject matter jurisdiction of the litigation. Cheramie v. Vegas, 468
So.2d at 813; Sharp v. Brown, 464 So.2d 12, 14 (La.App. 1st
Cir.1984), writ denied, 467 So.2d 537 (La.1985). Also, a final

5

judgment can be annulled if obtained through fraud or ill practices.
LSA–C.C.P. art. 2004; Homer National Bank v. Nix, 566 So.2d 1071,
1075 (La.App. 2nd Cir.), writ denied, 569 So.2d 985 (La.1990); Sharp
v. Brown, 464 So.2d at 15. However, absent an attack via one of the
well-delineated methods of attacking a final judgment, the judgment
maintains the effect of the law between the parties.

Preston Oil Co. v. Transcon. Gas Pipe Line Corp., 594 So.2d 908, 913 (La.App. 1

Cir. 1991). See also, Bonaventure v. Pourciau, 577 So.2d 742, 745 (La.App. 1 Cir.

1991), wherein the first circuit held:

A judgment is the determination of the rights of the parties in
an action. La.C.C.P. art. 1841. A final judgment must be written,
signed and identified by appropriate language. La.C.C.P. arts. 1911,
1912 and 1918. A substantive amendment of a final judgment can
only be made by a timely application for a new trial, La.C.C.P. art.
1971[-1979,] an action for nullity, La.C.C.P. art. 2001[-2006,] or a
timely appeal, La.C.C.P. art. 2081[-2088].

In the instant case, Mitchell is trying to set aside a Stipulated Judgment

which was submitted after a hearing in which he and Kathy confirmed their intent

to enter into a complete and total compromise of all the claims pending before the

trial court. Thus, the burden is on him to show that the compromise was invalid.

Klebanoff, 978 So.2d 598. Moreover, because the compromise was reduced to a

judgment and signed by the trial court, Mitchell can only attack it via the methods

authorized by law. Preston Oil, 594 So.2d 908; Bonaventure, 577 So.2d 742.

At all times relevant herein, Mitchell and Kathy were represented by counsel.

Moreover, both Mitchell and Kathy affirmatively agreed in open court at the

January 4, 2011 hearing that they understood the stipulation that had been put on

the record and that they were settling all the issues between them. 4 While the

stipulation did not go into great detail regarding the parties’ respective IRAs, they

4
Cf. Baudin v. Baudin, 97-120, p. 3 (La.App. 3 Cir. 5/21/97), 696 So.2d 86, 87, wherein
this court reversed a trial court judgment which was based on the alleged agreement of the
parties where the transcript showed “confusion and lack of agreement” on the part of the
defendant.

6

agreed to “split the IRAs.” Mitchell’s claim that the parties all understood that to

mean that he and Kathy would each keep their own IRA simply ignores the plain

meaning of the word “split.” 5 In addition, once the Stipulated Judgment was

signed by the trial court, Mitchell failed to seek a new trial or to assert the

judgment’s nullity, either in that court or in this court on appeal. Finally, the

record shows that the arguments that Mitchell now makes on appeal were

presented to and rejected by the trial court when Mitchell’s Rule to Correct

Judgment was heard on March 11, 2014. Given the foregoing, we conclude that

Mitchell has failed to show that the trial court manifestly erred in signing the

Stipulated Judgment.

DECREE

The judgment of the trial court is affirmed. All costs of this appeal are

assessed against Cecil Mitchell Adrian.

AFFIRMED.

5
Louisiana Civil Code Article 2047 provides, in part, that “[t]he words of a contract must
be given their generally prevailing meaning.”

7