In re Succession Crowson

• Decision Date: 14 May 2014
• Docket Number: No. 48,985–CA.,48,985–CA.
• Parties: SUCCESSION OF James Arnold CROWSON, Jr.
• Court: Court of Appeal of Louisiana — District of US

139 So.3d 43

SUCCESSION OF James Arnold CROWSON, Jr.

No. 48,985–CA.

Court of Appeal of Louisiana, Second Circuit.

May 14, 2014.

McMichael, Medlin, D'Anna, Wedgeworth & Lafargue, Shreveport, by James C. McMichael, Jr., William D. Medlin, for Appellant, James A. Crowson, III.

The Parks Firm, LLC by Santi A. Parks, Bossier City, for Plaintiff–Appellee, Jean McDonald Crowson.

Hargove, Smelly, Strickland, & Langley, APLC, Shreveport, by Julianna P. Parks, Paul A. Strickland, for Defendant–Appellee, Green Oaks Farms, Inc.

Before BROWN, WILLIAMS, and DREW, JJ.

BROWN, Chief Judge.

Plaintiff, James Arnold Crowson, III, son of decedent, James Arnold Crowson, Jr., sought to have a private sale of succession property vacated and the property returned to the succession. The trial court granted summary judgment in favor of the defendant/administratrix, Jean Crowson, dismissing plaintiff's petition. In addition, the trial court granted an exception of peremption in favor of defendant/purchaser, Green Oak Farms, Inc. For the reasons stated herein, we reverse and remand.

Facts and Procedural Background

James Arnold Crowson, Jr. (“decedent”) died September 29, 2003, in Shreveport, Louisiana. Decedent was married twice. His first marriage was to Marie Farmer, which ended in divorce in 1952. One child was born of this marriage, James Arnold Crowson, III (“Crowson, III”). Decedent's second marriage was to Jean McDonald Crowson, who survives him. Four children were born of this marriage: Sara Jean Crowson Harville, Peggy Ruth Crowson Cash, Ronald Lamar Crowson, and Charles Henry Crowson. Charles Henry Crowson died before decedent and was survived by two minor children, Charles Jeb Crowson and Caitlan Faith Crowson.

Although decedent executed a will, it was not dated, making it invalid. Thus, decedent died intestate. Three years after the death of decedent, Jean Crowson opened the current succession proceeding and was appointed administratrix.

Relevant to this appeal, the detailed descriptive list filed in the succession proceedings shows community property consisting of approximately 210 acres in Caddo Parish, Louisiana, valued at $550,660.50. It is actually listed as two tracts: a 34.55 acre tract on which the family residence is located, and a 176.05 acre tract referred to as the farm. Decedent's succession would own one-half of this property subject to the surviving spouse's usufruct.

On June 13, 2008, Jean Crowson filed a Petition and Order for Authority to Convey Immovable Property at Private Sale—the 210 acres.¹ The petition sought to convey the property at a private sale to Green Oaks Farm, Inc., (hereinafter “Green Oaks”) for the stated purpose of returning the property from its nominal owners (the decedent and Jean Crowson) to its true owner (Green Oaks). Green Oaks was a family corporation owned entirelyby a 1969 trust in which the only shareholders were Jean Crowson's four children. We note that the petition states that attached as an exhibit is a 1986 cash sale deed, which is relevant to these proceedings. Attached, however, is an unrelated mortgage executed by non-parties. Nonetheless, the trial court, ex parte, signed an order granting Jean Crowson the authority to sell the property at private sale. Thereafter, Jean Crowson advertised the sale of the property in the Shreveport Times on June 30, 2008, and July 22, 2008.

On June 2, 1986, Green Oaks sold by cash sale deed the 210 acres in Caddo Parish, Louisiana to decedent and his wife, Jean Crowson. The cash sale deed stated that “[t]his sale is made for the consideration of the sum of Two Hundred Seventy Thousand Six Hundred Sixty and 50/100 (270,660.50) Dollars cash in hand paid, the receipt which is hereby acknowledged.” Executing the deed on behalf of Green Oaks was decedent, as chairman of the board, and Jean Crowson, as secretary/treasurer. Both decedent and Jean Crowson also executed the deed as purchasers. The deed was subsequently recorded that same day.

According to Jean Crowson's deposition testimony, “Whatever Jimmy needed to have money for, he used the land as his bank and he put the land up as collateral to get what he needed. And when the money was paid back, the land was put back in Green Oaks Farms' name,” and “The only thing we owed Green Oaks Farms is we borrowed the land to borrow money for what Jimmy needed to buy other things.” ²

Since the trust could not borrow money, the trust's property was sold to decedent and his wife who would then borrow funds from the Federal Land Bank. After the 1986 transfer of property from Green Oaks to decedent and Jean Crowson, they obtained a loan in the amount of $285,000 from the Federal Land Bank. According to the detailed descriptive list approximately $30,000 was still owed to the Federal Land Bank. Also listed on the detailed descriptive list is a $230,000 debt owed to Green Oaks.³ In 2008, the debt owed to the Federal Land Bank was fully paid, prompting Jean Crowson's petition to convey the property back to Green Oaks.

On July 31, 2008, Judge Sexton signed a court order that authorized the conveyance of the property to Green Oaks. The conveyance was completed on August 5, 2008. Crowson, III, was unaware of the conveyance of the property to Green Oaks until sometime after the conveyance was finalized.

On October 1, 2008, Crowson, III, filed a motion to vacate the conveyance and to close the succession. Four months after the opening of the succession, Crowson, III, hired an attorney who requested that he be provided information about the conduct of the succession, including copies of any and all pleadings. Over the next two years, Crowson, III, and his counsel continued to seek information about the status of the succession, “particularly as regards the approximate intended date on which the succession would be closed and the intestate heirs put in possession.” Although Crowson, III, received all prior succession pleadings from Jean Crowson's counsel, he received no service or notification of the Petition and Order To Convey Immovable Property at Private Sale in regards to the 210 acres. This omission occurred even though Crowson, III's, counsel made numerous attempts to contact opposing counsel, including writing a letter dated July 8, 2008, seeking a status update, a time which falls between the first and second newspaper publication notices of the private sale.

In response to Crowson, III's, motion seeking annulment of the sale, Jean Crowson and the succession filed an exception based upon Crowson, III's, failure to join Green Oaks as a necessary party. The exception was granted and Green Oaks was added by amended petition on April 2, 2009. Green Oaks then filed an exception of no cause of action, urging that as a third party, it was protected by the trial court's order authorizing the conveyance, and stating that it could not be annulled absent a finding, under La. C.C.P. art.2004, that the order was obtained by fraud or ill practices. This exception was heard by Judge Lafitte, and judgment granting the exception was issued. Crowson, III, was given 15 days to amend his pleadings. An amended petition alleging fraud or ill practices was timely filed. Specifically, the amended petition alleges that the transaction was a sham, as no consideration was paid, and that it was unauthorized by the Code of Civil Procedure. Thereafter, Green Oaks filed an exception of peremption, and Jean Crowson filed a motion for summary judgment and exception of peremption. The motion for summary judgment and the exceptions of peremption were heard by Judge Emanuel, and judgment granting Jean Crowson's motion for summary judgment but denying her exception of peremption was rendered. The trial court also granted Green Oaks exception of peremption. As a result of these adverse rulings, Crowson, III, filed the instant appeal.

Discussion

We note from the outset that, in its oral reasons, the trial court twice denied Jean Crowson's motion for summary judgment. Nonetheless, the signed final judgment of the trial court granted Jean Crowson's motion for summary judgment; the basis for this ruling is unclear. The trial court granted Green Oaks' exception of peremption based upon the fact that plaintiff failed to bring forth a claim for fraud or ill practices against it within the one-year peremptive period set forth in La. C.C.P. art. 2004.

Appellate courts review summary judgments de novo, using the same criteria that govern the district court's consideration of whether summary judgment is appropriate. Cote v. City of Shreveport, 46,571 (La.App.2d Cir.09/21/11), 73 So.3d 435. The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of actions. La. C.C.P. art. 966(A)(2). The procedure is favored under Louisiana law and shall be construed to accomplish these ends. Id. Summary judgment shall be rendered “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law.” La. C.C.P. art. 966(B).

Jean Crowson argues that the succession representative is allowed to convey succession property to pay debts and legacies and for any other purpose with authorization by the court. She argues that she properly followed the requirements of advertising and sale as set out in the Code of Civil Procedure. She claims that an untimely objection by Crowson, III should be rejected.

Louisiana Code of Civil Procedure art. 3281 provides that a succession representative who desires to sell succession property at private sale shall file a petition setting forth a description of the property, the price and conditions of and the reasons for the proposed sale. Notice of the application for authority to sell succession property at private sale shall be published at least twice for immovable property, in the manner provided by law. A court...