The Standard Fire Insurance Company VS Ronald Gallaway, Angela Gallaway, and Countrywide Home Loans, Inc. (2007CA0327 Consolidated With 2007CA0328)
Annotate this Case
Download PDF
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT Af f NO 2007 CA 0327 THE STANDARD FIRE INSURANCE COMPANY xcJ VERSUS RONALD GALLAWAY ANGELA GALLAWAY AND COUNTRYWIDE HOME LOANS INC Consolidated With NO 2007 CA 0328 RONALD GALLAWAY VERSUS ANGELA GALLAWAY Judgment Rendered On Appeal November 2 2007 from the 21 st Judicial District Court In and for the Parish of Livingston State of Louisiana Trial Court No 106484 c w Honorable Ernest G Drake Jr Kevin Patrick Monahan Baton Rouge LA 107974 Judge Presiding Attorney for Defendant in Concursus Appellant Ronald Gallaway Ernest M Forbes Denham Springs LA Gary J Russo Kyle M Bacon Lafayette LA BEFORE Attorney for Defendant in Concursus Appellee Angela Gallaway Attorneys for Plaintiff in Concursus The Standard Fire Ins Co CARTER C J PETTIGREW AND WELCH JJ 2 CARTER C J In this asserting that the trial in property We have Gallaway manifest no discretion The on error was manifestly in the trial court So 2d 917 an issue that is COnCelTI the Accordingly 919 as the trial court not La community Cir 395 6 20 97 detenninations error clearly Rosell v So 2d regarding Cir 1 App 549 is collateral writing based upon the property writing 1992 at issue Dawson the Clearly as community or to the act of sale since the instant a finding regarding s fire and does not act of sale Ross So 2d When 677 credibility the 840 La 10 21 03 96 1714 La Ross 02 2984 v Amoco Production Co 672 the nature of the factual determination that will not be a wrong standard demands ESCO any abuse of correctly admitted the parol evidence error v or obligation created by the separate is or Harvey 696 an the trial court disturbed absent manifest So 2d 384 when the apply totally collateral enforcement of Fmihennore property findings payment of insurance proceeds after suit involves the Angela court detennination of the character of the separate is determining that the property of appellee factual s evidence rule does not 610 Gallaway appeals reviewed the evidence in the record and find thoroughly involved and the action is Dawson in erroneous the separate was the part of the trial parol to the issue v court question Ronald proceeding appellant concursus of findings La the witnesses great deference 844 are 1989 857 App based 1 on manifest to the trier of fact We find that the documentary evidence executed by both parties and corroborated by independent testimony conclude that the at trial presumption were of sufficient for a rational trier of fact community propeliy 3 was to rebutted and the subject property explicitly Angela Gallaway was declared and acknowledged in the comi s comi s assessed 5 6 comi 7 against defendant s judgment and controlling precedent decision and 8 in was of sale and mOligage Therefore judgment in accordance with Uniform Rules Rule 2 16 2A 2 are for reasons reasonably support the trial act it as 1 documents admitted into evidence The trial separate property s All concursus costs we affirm the trial Courts of Appeal associated with this appeal appellant Ronald Gallaway AFFIRMED The classification of acquisition Smith v property Smith 95 0913 separate or community is fixed La App 1 Cir 12 20 96 685 as 4 at the time of its 2d So 649 651
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
