JAMES MIDDLETON HUGER v. STEPHANIE GOLIWAS HUGER (2023)

Writ application granted. See per curiam.

05/16/23

SUPREME COURT OF LOUISIANA

No. 2023-C-00117

JAMES MIDDLETON HUGER

VS.

STEPHANIE GOLIWAS HUGER

On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans Civil

PER CURIAM

Writ granted. Property acquired during marriage is presumed to be community property. La. C.C. art. 2340. A spouse may refute that presumption by a preponderance of the evidence. Talbot v. Talbot, 2003-0814 (La. 12/12/03), 864 So. 2d 590. Determination of the separate or community nature of property is a factual determination subject to manifest error review. Ross v. Ross, 02-2984, p. 18 (La. 10/21/03), 857 So.2d 384, 395. There is no legal rule that a spouse's uncorroborated testimony can never overcome contradictory evidence produced by the opposing spouse in determining whether property is community or separate. The decision of the court of appeal is reversed.

REVERSED

I dissent because I believe the per curiam is prematurely rendered. This matter involves a fact-intensive question of whether certain assets are properly classified as community or separate. This issue is ordinarily subject to manifest-error standard of review by courts of appeal. Ross v. Ross, 02-2984, p. 18 (La. 10/21/03), 857 So.2d 384, 395. Given the complex nature of the classification question in this matter, together with the significant evidence submitted to the Special Master appointed to this case and, thereafter, to the district court, I believe further study of the record is warranted. I would grant and docket this matter for a thorough review of the record as well as the legal issues before the Court and dissent to the majority ruling by per curiam.

Weimer, C.J., dissents and would grant and docket. Hughes, J., dissents and would deny. Crichton, J., dissents and assigns reasons.