Leslie Renee Boagni Elsbury v. Ernest Ray Elsbury, IV

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

NOT DESIGNATED FOR PUBLICATION

Jack Derrick Miller Nicole B. Breaux
Attorney at Law Attorney at Law
P. O. Drawer 1650 415 N. Parkerson Ave.
Crowley LA 70526 Crowley LA 70527-1650

Matthew H. Long
Jack Derrick Miller, APC
PO Drawer 1650
Crowley LA 70526

Judgment on rehearing rendered and
mailed to all parties or counsel of
record on April 3, 2024

REHEARING ACTION: April 3, 2024

Docket Number: 23 00323-CA

LESLIE RENEE BOAGNI ELSBURY
VERSUS
ERNEST RAY ELSBURY, IV

Appealed from Lafayette Parish Case No. 20172013

BEFORE JUDGES:

Hon. D. Kent Savoie
Hon. Candyce G. Perret
Hon. Ledricka J. Thierry

As counsel of record in the captioned case, you are hereby notified that the application

for rehearing filed by Ernest Ray Elsbury, IV has this day been

GRANTED. (See majority opinion on rehearing also rendered this date)

cc: Leslie Renee Boagni Elsbury, In Proper Person

NOT DESIGNATED FOR PUBLICATION

ON REHEARING

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

23-323

LESLIE RENEE BOAGNI ELSBURY

VERSUS

ERNEST RAY ELSBURY, IV

**********

APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. 20172013
HONORABLE LAURIE A. HULIN, DISTRICT JUDGE

**********

CANDYCE G. PERRET
JUDGE

**********

Court composed of D. Kent Savoie, Candyce G. Perret, and Ledricka J. Thierry,
Judges.

REHEARING GRANTED.

Leslie Renee Boagni
5042 North University Avenue
Carencro, LA 70520
(337) 224-0317
COUNSEL FOR PLAINTIFF/APPELLANT/CROSS-APPELLEE:
In Proper Person

Jack Derrick Miller
Nicole B. Breaux
Matthew H. Long
415 North Parkerson Avenue
Crowley, LA 70527-1650
(337) 788-0768
COUNSEL FOR DEFENDANT/APPELLEE/CROSS-APPELLANT:
Ernest Ray Elsbury, IV

PERRET, Judge.

In our original opinion, we found no merit to Mr. Elsbury’s answer to the

appeal seeking $11,559.79 for his attorney fees incurred between the date the

petition for divorce was filed and the date of the judgment of divorce. Specifically,

we found that “[a]lthough Mr. Elsbury submitted Exhibit E-20, which includes his

attorney fees through December 10, 2017, and testified at trial that the attorney fees

amounted to $23,119.59, he failed to place any claim for reimbursement at issue for

the trial court to consider.”

In the rehearing application, Mr. Elsbury argues that there was a stipulation

and exhibit introduced as to the amount of his fees along with his own trial testimony

to the amount, without any objection whatsoever. He further argues that Ms. Boagni

did not respond to his claim for fees on appeal. Because we find the December 28,

2022 trial court judgment is silent regarding Mr. Elsbury’s request for

reimbursement of attorney fees through his divorce with Ms. Boagni in the amount

of $11,559.79, and because we find that the trial judge is in the best position to make

this determination, we hereby grant his request for rehearing for the limited purpose

of remanding this matter to the trial court for it to consider his reimbursement claim

for the attorney fees that were incurred between the date the petition for divorce was

filed and the date of the judgment of divorce. Our original judgment is otherwise

affirmed.

REHEARING GRANTED.

This opinion is NOT DESIGNATED FOR PUBLICATION.
Uniform Rules—Courts of Appeal, Rule 2–16.3.