Legal Opinion

Gettys v. Gettys

Louisiana Court of Appeal

Decided May 16, 2018No. 2017–CA–0859Published

1Opinion of the Court

3. Whether the trial court's award of one-fifth (1/5) of the proceeds of the sale to each owner in indivision subject to a credit of $48,476.18 to William is contrary to law.

Standard of Review

This Court, in Slimp v. Sartisky , outlined the appropriate standard of review as follows:

A trial judge is afforded a great deal of latitude in arriving at an equitable distribution of the assets between co-owners. However, the allocation or assigning of assets and liabilities in the partition of property is reviewed under the abuse of discretion standard. Legaux-Barrow v. Barrow, [20] 08-530, p. 5 (La.…

2Cases cited5 opinions

  1. Rosell v. EscoSupreme Court of Louisiana · 1989
  2. Canter v. Koehring CompanySupreme Court of Louisiana · 1973
  3. Legaux-Barrow v. BarrowLouisiana Court of Appeal · 2009
  4. Slimp v. SartiskyLouisiana Court of Appeal · 2012
  5. Franklin v. FranklinLouisiana Court of Appeal · 1982

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