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CLEMONS v. CLEMONS, 42,129 (La.App. 2 Cir. 7/11/07)
PEATROSS, J., on rehearing.
We grant rehearing as to the application of Dr. Clemons questioning the calculation of the equalization payment. We find that the judgment of the trial court does not clearly reflect what items were included in the equalization payment awarded to Ms. Clemons. Specifically, we note that it is not apparent from the judgment whether the trial court included in its equalization calculation the article 121 award for financial support during the veterinary education of Dr. Clemons. We have held in our original opinion that Ms. Clemons is not entitled to an award under article 121. We remand, therefore, for the narrow purpose of determining whether or not the article 121 award of $17,500 was included in the trial court's original equalization payment and to calculate the equalization payment accordingly, as consistent with the original opinion of this court. On rehearing, we further find that the recalculation of the equalization payment must reflect a reduction of one-half the agreed value of the mobile home or $5,000.
Rehearing is denied as to all other issues raised by either party in this case.
REHEARING GRANTED IN PART, DENIED IN PART AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THE INSTRUCTIONS CONTAINED HEREIN.
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