Davis v. Davis

This is an action in equity seeking imposition of a constructive trust on a one-half interest in community property, later amended to an action seeking to domesticate a foreign judgment. The property was allegedly acquired during a marriage that ended in divorce in Louisiana in 1996. The trial court sat as the finder of fact; it took evidence and heard testimony from both parties concerning the divorce, their alleged settlement agreement, and the property at issue. It concluded that the petitioner, the former wife, failed to exercise reasonable diligence in pursuing her equitable claim and dismissed the petition. Because the trial court did not abuse its discretion in so concluding, we affirm. This case has a convoluted history on appeal. The trial court, in accordance with the procedure outlined in Troup v. Loden , 266 Ga. 650, 651 2 469 SE2d 664 1996, addressed the “factual defense” of laches by “sitting as a chancellor in equity, and without the intervention of a jury to hold an evidentiary hearing and issue findings of fact.” Id. The trial court concluded that Mrs. Davis had failed to exercise reasonable diligence in pursuing her claim and dismissed the petition. She appealed to this court, which transferred the case to the Georgia Supreme Court on the basis that the claim arose from the parties’ divorce as well as equity and was thus within the Supreme Court’s jurisdiction. The Supreme Court, in a published opinion, returned the case to this court, concluding that the claim did not arise from the divorce and was not an equity case because the equitable remedy was “merely ancillary to underlying issues of law.” Davis v. Davis , 287 Ga. 897, 899 700 SE2d 404 2010.1 We now address the merits.

The Davises were divorced in Louisiana in 1996. Louisiana is a community property state, id. at 897, but the judgment of divorce is silent as to the division of any community property. Mrs. Davis was served with the pleadings but filed no answer, and judgment was entered on the default. In 2008, she filed this action seeking equitable relief in the form of a constructive trust as to certain real estate and Mr. Davis’s military pension. Mr. Davis asserted a plea of laches and moved to dismiss the petition. At a hearing on the motion to dismiss, the trial court took evidence and heard testimony from both Mr. and Mrs. Davis. The parties were cross-examined, and the trial court questioned Mrs. Davis.