No. 11739 Precedential Rehearing denied Processed

Phillips v. Nereaux

Louisiana Court of Appeal, First Circuit · Filed May 1, 1978 · 361 So. 2d 228

Also decided on this docket: La. Ct. App. 1st Cir., February 1, 1972 258 So. 2d 218; La. Ct. App. 1st Cir., February 13, 1978 357 So. 2d 813

Cited by

Cathy Lynn Porter Bennett v. T. Barrett Porter La. Ct. App. 3d Cir. 2011
Bennett v. Porter 58 So. 3d 663 La. Ct. App. 1st Cir. 2011
Thompson v. Woods 525 So. 2d 174 La. Ct. App. 3d Cir. 1988
Cassagne v. Justice 472 So. 2d 105 La. Ct. App. 1st Cir. 1985
Tullier v. Tullier 450 So. 2d 1016 La. Ct. App. 1st Cir. 1984
Wood v. Wood 424 So. 2d 1143 La. Ct. App. 1st Cir. 1982
Wolf v. Whitney 424 So. 2d 300 La. Ct. App. 1st Cir. 1982
Hysmith v. Coleson 421 So. 2d 402 La. Ct. App. 1st Cir. 1982
Cutright v. Wilson 410 So. 2d 1274 La. Ct. App. 3d Cir. 1982
Hall v. Allred 385 So. 2d 593 La. Ct. App. 3d Cir. 1980

Opinion text

PER CURIAM. In plaintiff-appellee’s application for a rehearing, she contends this court erred in reversing the trial judge’s finding of fact that the February 9,1973 sales was simulations. A simulated sale is that in which there is no intention to transfer title. The trial judge found an intention to transfer title inasmuch as he found these acts to be donations and subsequently awarded the defendant daughters an undivided interest in the property. Since he found an intent to transfer title, he was in error in finding a simulation. The intention to pay the promissory notes is evidenced by payment of $4,600.00 by Irene Phillips Nereaux to her father and by Carolyn June Phillips Hayes allowing her father to collect and keep rental payments after the transfer of the property. If there was no intention to pay the notes as found by the trial judge, there was no necessity for the above payments. Thus, the trial judge was in error in not recognizing an intent to pay. Appellee additionally argues we erred in failing to mention she is entitled to “legal interest” on her claim, and from what date this interest runs. The original opinion is amended to award “legal interest” from date of judicial demand on the surviving wife’s claim and in all other respects our original opinion is affirmed and a rehearing is denied. REHEARING DENIED. PONDER, J., dissents from denial of rehearing.