James Middleton Huger v. Stephanie Goliwas Huger

Supreme Court of Louisiana
May 16, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
JAMES MIDDLETON HUGER
VS.
STEPHANIE GOLIWAS HUGER
No. 2023-C-00117
_ _ _ _
_ _
IN R
E: James Middleton Huger - Applicant Plaintiff; Applying For Writ Of
Certiorari, Parish of Orleans Civil, Orleans Civil District Court Number(s) 2018-
7554, Court of Appeal, Fourth Circuit, Number(s) 2021-CA-0535;
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May 16, 2023
Writ application granted. See per curiam.
Weimer, C.J., dissents and would grant and docket.
Hughes, J., dissents and would deny.
Crichton, J., dissents and assigns reasons.
PDG
JTG
WJC
JBM
05/16/2023 "See News Release 024 for any Concurrences and/or Dissents."

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
05/16/23