DREW, J.
Christopher Charles Edwards ("Christopher") appeals from a 2015 judgment of divorce, but only insofar as the judgment incorporates the provisions of a 2014 judgment that dealt with support matters in favor of his former spouse, Kayla Nutzman Edwards ("Kayla"), and their minor child.
Christopher argues that the wholesale incorporation of all provisions of the 2014 judgment into the 2015 judgment was a mistake, in that:
Christopher did not file a motion for a new trial on the incorporation issue. He did, however, reserve his right to file a petition for nullity as to issues extraneous to the divorce itself. We conclude that this record is too sparse for us to render an equitable decision relative to the incorporated matters. A direct appeal on this record is a blunt tool by which to achieve justice. We need a full record before us.
If the parties and their current counsel cannot agree on an omnibus solution to these many spinning tops, the next best thing is to afford Christopher an opportunity to file his petition for nullity and allow the trial court an opportunity to provide us some guidance as to its appreciation of the allegations made therein.
Accordingly, we affirm the divorce. We return all other matters to the trial court for adjudication of any issues properly before the court.
Christopher and Kayla were married in September 1999 in Hawaii and subsequently moved to Ouachita Parish. They had one child, Charles, born in November 2005.
In January 2014, Kayla filed a petition for an La. C.C. art. 102 divorce. She asked the trial court to award the parties joint custody of the child and also to award her child support and temporary periodic spousal support. She further asked for use of the family home and of a 2014 Mazda.
Meanwhile, the parties commenced negotiations that are memorialized in correspondence from April 2014. That correspondence, attached to a pleading filed later in the case, says that "the agreement will be revisited in August of 2014." In a section of the correspondence labeled "Interim Spousal Support," Christopher agreed to pay Kayla the amount of $2,000 per month beginning May 1, 2014, and he further agreed "to provide a demonstrator vehicle for Kayla, with insurance and a fuel card."
In October 2014, the parties waived their rights to seek any permanent spousal support from one another.
In March 2015, Kayla filed a motion for judgment of divorce, seeking, in part:
On March 27, 2015, the judge signed an order that directed Christopher to appear and show cause why, among other things, there should not be a judgment of divorce incorporating the provisions of the September 2014 judgment.
In April 2015, Christopher filed a motion to reduce the child support payment, stating that his income had decreased and could not support the current amount of child support.
On May 4, 2015, Kayla's lawyer appeared before the judge and prayed for judgment, and the judge said that he was granting the divorce and "the other provisions that are contained in the written judgment presented to me this day." The judge signed a judgment that was "approved as to form" by both parties' lawyers; in addition to granting the parties a divorce, the judgment said:
On May 12, 2015, Christopher filed a motion for contempt of court against Kayla, arguing that Kayla had refused to return the demonstrator vehicle that she had been provided under the September 2014 judgment. Christopher argued that Kayla had waived any right to final spousal support and that the demonstrator vehicle was "provided as a part of interim support."
In June 2015, Christopher filed a supplemental motion for a reduction in child support, arguing that to the extent the May 2015 judgment made the September 2014 support order permanent, support should be reduced "as it is not reflective of the parties' respective income and Mover is not able to maintain said level of support."
Kayla responded to Christopher's motions to reduce child support with an exception of no cause of action, arguing that there had been no material changes in circumstances since the support order.
Christopher appealed from the May 2015 judgment; he did not file a motion for new trial or any similar post-judgment motion.
In the meantime, a hearing officer recommended that Christopher's motion to reduce child support be denied. The trial court adopted that recommendation temporarily but put off a final determination of the contempt matter and the reduction of child support pending the outcome of this appeal.
On appeal, Christopher argues:
In response, Kayla argues:
In reply, Christopher argues:
In a case where a party believes that the language of the judgment contains an obvious mistake, a motion for new trial is the usual procedural vehicle used to seek correction of the error. Such a motion would have timely brought the alleged errors to the attention of the trial court while that court still had jurisdiction to correct any alleged errors. La. C.C.P. art. 1973. Nevertheless, the record as it now stands would be inadequate for as to adequately review even that issue had it been presented in a motion for new trial.
Christopher did take this appeal. We have broad authority to correct errors by the trial court that are evident from the appellate record. According to La. C.C.P. art. 2164:
In this case, however, we believe that "the record on appeal" is insufficient to allow this court to conduct meaningful review of the question of whether the 2015 judgment was a nullity for the grounds asserted by Christopher. Resolution of that question in a way that does substantial justice will require an initial determination of all issues by the trial court, an opportunity it has not yet had.
We conclude that the appropriate remedy for Christopher's complaints about the 2015 judgment is an action of nullity. In Belle Pass Terminal, Inc. v. Jolin, Inc., 2001-0149 (La.10/16/01), 800 So.2d 762, 766, on reh'g in part (12/7/01), the Supreme Court explained:
Further, as the Court elaborated upon in Kem Search, supra:
Certainly an action of nullity is not a substitute for a defense on the merits or an appeal, Smith v. Cajun Insulation, Inc., 392 So.2d 398 (La.1980); State v. Bailey, 567 So.2d 721 (La.App. 2d Cir. 1990). An appeal is not a substitute for an action of nullity when the grounds for the alleged nullity are unclear from the record or when the issues have not been decided by the trial court. As this court said in Johnston v. Smith, 284 So.2d 149, 153 (La.App. 2d Cir.1973):
We cannot treat any of the trial court's rulings in this record as a ruling on an action for nullity because no such action has been filed. Indeed, the record before us does not contain any ruling concerning the propriety of incorporating the entirety of the 2014 judgment into the 2015 judgment, since the plain language of the 2014 judgment signifies that some provisions were intended to dissolve upon the rendition of the final judgment of divorce or partition of the community.
Only the 2015 judgment itself is before this court on appeal, and the appellant has not demonstrated on this record
All costs of this appeal shall be assessed against Christopher Charles Edwards, whose inattention to detail, whether personal or derivative, caused this confusion and totally obfuscated this record.
With costs of this appeal assessed to Christopher Charles Edwards, the judgment of divorce is AFFIRMED.
All other issues are REMANDED to the trial court for further disposition.