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Judgment rendered May 19, 2010 Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.

No. 45,305-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA *****

ERIC VON DRAKE

Plaintiff-Appellant

versus

EDGAR LYNN ROGERS *****

Defendant-Appellee

Appealed from Shreveport City Court Parish of Caddo, Louisiana Trial Court No. 2006R07379 Honorable R. Lee Irvin, Judge

***** COOK, YANCEY, KING & GALLOWAY By: W. Lake Hearne ANGELA R. ROGERS Counsel for Appellant Counsel for Appellee In Proper Person

EDGAR LYNN ROGERS

*****

Before BROWN, STEWART and CARAWAY, JJ.

CARAWAY, J. This is an appeal from a judgment of the city court which dismissed the plaintiff's claim on the court's sua sponte peremptory exception. The parties are co-owners of residential property and their multiple disputes have raised claims for an accounting over property-related obligations and for partition in both city court and the First Judicial District Court. The city court in this proceeding recognized that a prior final judgment in district court required dismissal of the action. Finding that such ruling is correct under our principles for res judicata, we affirm. Facts and Procedural History This is a longstanding dispute between two brothers over real estate in Shreveport. The property includes a family home which was previously owned by three brothers, Eric Von Drake ("Eric"), Edgar Rogers ("Edgar") and Homer Rogers. Edgar acquired Homer's interest and became a twothirds interest co-owner in the property. Edgar, along with his wife and son, have resided in the home. The instant controversy actually involves two related actions which were acknowledged by the city court judge in rendering the present judgment. This suit was filed by Eric on September 22, 2006, in Shreveport City Court, naming Edgar and his wife, Angela, as defendants. The petition alleged that Eric was refused occupancy of the co-owned property and was thus entitled to his share of the fair market rental value of the property. On November 15, 2007, after a trial on the merits, the city court rendered

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judgment in favor of defendants, dismissing Eric's claim. Eric took a devolutive appeal of the judgment to this court on December 21, 2007. As these actions in the city court were occurring, however, on September 14, 2007, Edgar filed a second action in the First Judicial District Court in Shreveport, petitioning for a partition of the property (hereinafter the "District Court Action"). Much of the record of the District Court Action is now contained in this record. A trial in the District Court Action was held on September 8, 2008, and the judgment, signed on September 17, 2008, first decreed full ownership of the property in Edgar. The judgment then states: Inasmuch as defendant Eric Von Drake a/k/a David Wayne Rogers has failed to pay any portion of taxes in previous years, and to the extent the amount due plaintiff exceeds the original percentage of ownership of defendant Edgar Lynn Rogers but noting the "forgiveness" of any debt over and above the ownership value: IT IS ORDERED, ADJUDGED AND DECREED that any further monetary amount requested by plaintiff Edgar Lynn Rogers against defendant Eric Von Drake a/k/a David Wayne Rogers is denied such that, from the date of this judgment, neither party owes the other any monetary amount (emphasis ours). We additionally note the following oral reasons given by the trial judge at the partition hearing: Based on the evidence presented that the Court will grant judgment in favor of Edgar Lynn Rogers plaintiff in this matter and against Eric Von Drake also known as David Wayne Rogers. I'm not going to consider the funeral expenses and medical bills and all that as an offset. However, I do

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