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Bodenheimer v. Freitag

Supreme Court of Louisiana
Jan 6, 1995
651 So. 2d 251 (La. 1995)

Opinion

No. 94-C-2573

January 6, 1995

IN RE: Bodenheimer, Gregory L.; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fifth Circuit, Number 93-CA-0823, 93-CA-0824; Parish of Jefferson 24th Judicial District Court Div. "N" Number 363-560, 331-214


Granted. See per curiam.

PFC

JLD

JCW

BJJ

JPV

MARCUS, J. not on panel.

LEMMON, J. would grant and docket.

KIMBALL, J. would grant and docket.


Granted. The judgments of both lower courts are vacated and the case is remanded to the district court for further consideration and disposition in accordance with this summary per curiam opinion.

Diane Freitag ("Freitag") is not entitled to rent from her former husband, Gregory L. Bodenheimer ("Bodenheimer"). See La.Rev.Stat.Ann. § 9:374(C) (West 1991); Barr v. Barr, 613 So.2d 1159 (La.Ct.App. 5th Cir. 1993); Burrell v. Burrell, 518 So.2d 569 (La.Ct.App. 4th Cir. 1987). The husband is entitled to reimbursement from the community for mortgage payments made with his separate funds on the community house. See La.Civ. Code art. 2365 (West 1985 Supp. 1994); Rogue [Roque] v. Tate, 631 So.2d 1385 (La.Ct.App. 5th Cir. 1994).

The lower courts' judgment awarding Freitag a one-half interest in both the UPS Thrift Plan and the UPS Retirement Plan, as well as one-half of the stock in both Overseas Partnership, Ltd. and in UPS, is also vacated, and the issue remanded to the district court for re-determination. Upon re-consideration, the district court should take into account the fact that the husband's contribution to these accounts preceding marriage and after the dissolution of the community do not inure to Freitag's benefit. The award of the parties' interests in the Thrift and Retirement Plans should be made only after applying the Sims formula. See Sims v. Sims, 358 So.2d 919 (La. 1978); see also Hare v. Hodgins, 586 So.2d 118 (La. 1991).

VACATED AND REMANDED TO THE DISTRICT COURT.

LEMMON and KIMBALL, JJ., would grant and docket.

MARCUS, J., not on panel.


Summaries of

Bodenheimer v. Freitag

Supreme Court of Louisiana
Jan 6, 1995
651 So. 2d 251 (La. 1995)
Case details for

Bodenheimer v. Freitag

Case Details

Full title:GREGORY L. BODENHEIMER v. DIANE FREITAG

Court:Supreme Court of Louisiana

Date published: Jan 6, 1995

Citations

651 So. 2d 251 (La. 1995)

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