Louisiana Supreme Court Opinions
Webb v. Webb
Opinion Date: December 5, 2018
Judge: John L. Weimer
Areas of Law: Civil Procedure, Family Law
At issue in this case was a post-divorce community property partition. The former husband, Daniel Webb, filed a claim for reimbursement and for the classification of a promissory note of $250,000 as a community obligation. The promissory note corresponded to a loan secured by a mortgage on the family home. Mr. Webb contended that Mrs. Webb owed reimbursement for loan payments and that the loan should be considered a community obligation because he borrowed the money to pay community debts. Mr. Webb admitted that he caused a forged signature for Mrs. Webb to be placed on the loan documents and that he concealed the existence of the loan and the mortgage on the family home from her. The forgery was eventually discovered, and formal attorney disciplinary charges were brought against him, a Louisiana-licensed attorney. In the ensuing disciplinary proceedings, Mr. Webb admitted his misconduct, but represented to this court that he was taking “sole financial responsibility” and“full responsibility” for the loan and was otherwise committed to “making right” what he had done. Shortly after the disciplinary order was issued, Mr. Webb returned to the district court where the community property partition was pending. There, Mr. Webb claimed that, although he personally incurred the $250,000 debt, responsibility for the loan should be an obligation shared by both Mr. and Mrs. Webb, rather than solely by Mr. Webb. The district court rejected Mr. Webb’s claim, finding that Mr. Webb’s representations in his attorney discipline case amounted to a judicial confession that he alone was responsible for the debt. Mr. Webb appealed, and the appellate court ruled in his favor by classifying the loan as a community obligation and ordering Mrs. Webb to personally reimburse Mr. Webb for loan payments he made after the community property regime was terminated. Mrs. Webb sought review by the Louisiana Supreme Court, arguing Mr. Webb's admission in his disciplinary hearing precluded him from making her partly responsible for his loan. Applying the doctrine of judicial estoppel, the Supreme Court held that in the community property litigation, Mr. Webb could not shift responsibility for his fraudulent loan to Mrs. Webb.
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