Estate Keith J. Galland v. Mitchell Rosenberg Book Reviews

Estate Keith J. Galland v. Mitchell Rosenberg by Houston (14Th Dist.) Court of Appeals of Texas Book Summary

This is an appeal from a summary judgment entered as a result of an interpleader suit. Great-West Life Assurance Company (Great-West) brought an interpleader action to determine the recipient of insurance benefits on the life of Keith Jay Galland. Appellant, the estate of the deceased, and appellee, the designated beneficiary of the insurance policy, formally responded to the interpleader action and filed counterclaims and cross-actions on their respective behalfs. Appellee then filed a Motion for Summary Judgment with supporting affidavits claiming there were no issues of material fact to be adjudicated and asserting he was entitled to judgment in his behalf as a matter of law. Appellant filed an Objection and Authority in Support of Denial of Summary Judgment and supporting affidavits alleging a genuine issue of material fact as to the mental competency of the decedent at the time of the designation on the policy. After a hearing before the court the motion for summary judgment was sustained and the proceeds of the policy ordered paid to appellee. Appellant submitted a Motion for Reconsideration and to Correct or Vacate Judgment or for New Trial alleging grounds similar to those raised on this appeal. The court denied appellants motion but corrected the final summary judgment on its own motion. Appellant appeals from the Order Correcting Final Summary Judgment. We affirm.

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