reimbursement claim in Louisiana

2025App. 3 Cir. 10/31/07), 968 So.2d 1234 , 1238 (wherein the court stated “[d]espite the fact that the trial court had previously deemed the detailed descriptive list filed by [the ex-wife] a judicial determination of the community, [the ex-husband] was free to challenge the reimbursement claim of his former wife at the [subsequent] partition trial.”); Brown, 210 So.3d at 299 (because the ex-husband’s detailed descriptive list was judicially accepted, the court held that the only remaining issues before the trial 24-CA-553 10 court at the partition trial were valuation, distribution of the assets

2012In Williams , we explained that, “[d]e-spite the fact that the trial court had previously deemed the detailed descriptive list filed by Joyce Williams a judicial determination of the community, Thomas Williams was free to challenge the reimbursement claim of his former wife at the [subsequent] partition trial.” Id.

2022Id.

2021Id.

2021Id.

2004In Reinhardt v. Reinhardt, 99-0723, p. 6 (La.10/19/99), 748 So.2d 423, 426 , the Supreme Court held interest on an equalizing payment is not due until the date of the partition judgment, even when a substantial portion of the payment is attributable to a reimbursement claim.

2019In Concordia Bank & Trust Co. v. Webber , 548 So.2d 61 (La.App. 3 Cir. 1989), a bank sought a writ of mandamus directed to the clerk of court requiring him to modify a mortgage certificate.

2019In Concordia Bank & Trust Co. v. Webber , 548 So.2d 61 (La.App. 3 Cir. 1989), a bank sought a writ of mandamus directed to the clerk of court requiring him to modify a mortgage certificate.

2019In Succession of Winters , 02-961 (La.App. 3 Cir. 2/5/03) , 837 So.2d 1287 , the trial court found that in a claim for filiation, a reimbursement claim not raised in the trial court could not be properly raised on appeal.

2019In Succession of Winters , 02-961 (La.App. 3 Cir. 2/5/03) , 837 So.2d 1287 , the trial court found that in a claim for filiation, a reimbursement claim not raised in the trial court could not be properly raised on appeal.

2018Co. v. Turner, 582 So.2d 250 , 256 (La.

2018Co. v. Turner, 582 So.2d 250 , 256 (La.

1996In Cajun Bag and Supply v. Baptiste, 94-1218 (La.App. 3 Cir. 3/1/95) , 651 So.2d 943 , this court concluded that the OWC lacked subject matter jurisdiction over an employer's reimbursement claim against its employee because the employer's action for reimbursement was not a worker's compensation matter, i.e., not a claim for compensation or benefits.

1996In Cajun Bag and Supply v. Baptiste, 94-1218 (La.App. 3 Cir. 3/1/95) , 651 So.2d 943 , this court concluded that the OWC lacked subject matter jurisdiction over an employer's reimbursement claim against its employee because the employer's action for reimbursement was not a worker's compensation matter, i.e., not a claim for compensation or benefits.

1988In Gachez, supra, a reimbursement claim resulted from the termination of a marriage contracted in 1975 and terminated in 1981.

1988In Gachez, supra, a reimbursement claim resulted from the termination of a marriage contracted in 1975 and terminated in 1981.

2023See Uniform Rules, Courts of Appeal, Rule 2-3; Dean v. Southmark Const., 03-1051 (La. 7/6/04), 879 So.2d 112 , 116; Rubin v. Am.

2021The appellate court held that Mr. Hill had “a reimbursement claim for [Ms. Hill’s] virile share of the payments he made on the joint debts, to the extent he can prove he made the payments with his separate funds.” Id., 08-197, p. 8, 984 So.2d at 234 .

2018Vedros , 229 So.3d at 681 .

2016Ms. Archer seeks “clarification” of the partial judgment; ‘ our role, however, is “correction.” See Rousset v. Smith, 14-1409, p. 23 (La.App. 4 Cir. 9/23/15), 176 So.3d 632, 646 .

2014Id.

2010Finally, Roy cites Bordelon v. Bordelon, 06-537 (La.App. 3 Cir. 11/2/06) , 942 So.2d 708 , writ denied, 06-2824 (La.2/2/07), 948 So.2d 1080 , for the proposition that she should be awarded a one-half share in the full increase in the value of the property.

2010Finally, Roy cites Bordelon v. Bordelon, 06-537 (La.App. 3 Cir. 11/2/06) , 942 So.2d 708 , writ denied, 06-2824 (La.2/2/07), 948 So.2d 1080 , for the proposition that she should be awarded a one-half share in the full increase in the value of the property.

2009It concluded that, although the reimbursement claim arose out of the same transaction or occurrence as the quiet title claim, "it clearly [was] `different in kind and nature' from the quiet title and trespass claims brought by the tribe" and that it "`exceed[ed] the amount of relief' sought by the tribe." Id. at 1286 , quoting Jicarilla, 687 F.2d at 1345 .

2009It concluded that, although the reimbursement claim arose out of the same transaction or occurrence as the quiet title claim, “it clearly [was] ‘different in kind and nature’ from the quiet title and trespass claims brought by the tribe” and that it “ ‘exceeded] the amount of relief sought by the tribe.” Id. at 1286, quoting Jicarilla, 687 F.2d at 1345 .

2005The third circuit held in Bordelon v. Cobb, 596 So.2d 268 (La.App. 3 Cir.1992) that the appropriate time in which to assert a right for reimbursement is governed by La.Civ.Code art. 3499, which states that a "personal action is subject to a liberative prescription of ten years." A reimbursement claim is not embedded in the partition of the community property and, therefore, is not governed by principles of co-ownership.

2005Finally, Alfred’s reliance on McKneely v. McKneely, 98-2472 (La.App. 1st Cir.6/14/00), 764 So.2d 1157 , is misplaced.

2003App. 2 Cir. 5/5/99), 737 So.2d 182 ; Fisher v. Lincoln Timber Co., 31,430 (La.App. 2 Cir. 1/24/99), 730 So.2d 973 ; and Ward v. Phoenix Operating Co., 31,656 (La.App. 2 Cir. 2/24/99), 729 So.2d 109 . [8] The record also reflects a delay of forty days between the original recommendation by Dr. Cenac for a functional capacity evaluation of Mr. Authement and the insurer's authorization for that examination. [9] The court of appeal suggests that Mr. Authement was free to pay the $750 required to see Dr. Dehne and then submit a reimbursement claim.

2003App. 2 Cir. 5/5/99), 737 So.2d 182 ; Fisher v. Lincoln Timber Co., 31,430 (La.App. 2 Cir. 1/24/99), 730 So.2d 973 ; and Ward v. Phoenix Operating Co., 31,656 (La.App. 2 Cir. 2/24/99), 729 So.2d 109 . [8] The record also reflects a delay of forty days between the original recommendation by Dr. Cenac for a functional capacity evaluation of Mr. Authement and the insurer's authorization for that examination. [9] The court of appeal suggests that Mr. Authement was free to pay the $750 required to see Dr. Dehne and then submit a reimbursement claim.

2003App. 2 Cir. 5/5/99), 737 So.2d 182 ; Fisher v. Lincoln Timber Co., 31,430 (La.App. 2 Cir. 1/24/99), 730 So.2d 973 ; and Ward v. Phoenix Operating Co., 31,656 (La.App. 2 Cir. 2/24/99), 729 So.2d 109 . [8] The record also reflects a delay of forty days between the original recommendation by Dr. Cenac for a functional capacity evaluation of Mr. Authement and the insurer's authorization for that examination. [9] The court of appeal suggests that Mr. Authement was free to pay the $750 required to see Dr. Dehne and then submit a reimbursement claim.

1995Washington National's contention that its action did not prescribe is supported by the case of Louviere v. Shell Oil Company, 440 So.2d 93 (La.1983).

1991Anderson v. New Orleans Public Service, Inc., 583 So.2d 829 (La.1991).