How cited: Elevating Boats, Inc. v. St. Bernard Parish · Go Syfert

Elevating Boats, Inc. v. St. Bernard Parish (2001)

red · 65 citation events across 3 courts. Showing the 8 strongest citers on record (one row per citing case, strongest signal kept).
No longer good law
Treatment trajectory · 2001 → 2026 · click a year to view the case as of then
200120132026
Rule Authority · La. Ct. App. · 3 citations in this opinion
Bernard Parish, 00-3518, p. 18 (La.9/5/01), 795 So.2d 1153, 1166 (citations omitted).
Rule Authority · La. · 2 citations in this opinion
Id. at 1163, n. 12.
Rule Authority · La. · 2 citations in this opinion
Id. at 1163, n. 12 .
Rule Authority · E.D. La.
Bernard Parish, 795 So. 2d 1153, 1164 (La. 2001), overruled on other grounds by Anthony Crane Rental, L.P. v. Fruge, 859 So. 2d 631 (La. 2003), Chief Justice Calogero, writing for the majority explained why a cause of action cannot be revived once liberative prospection has accrued: [A]fter the prescriptive period on an obligation has run, an obligor gains the right to plead prescription.
Rule Authority · La.
The Third Circuit also relied on our holding that “statutes shortening a prescriptive period may be impermissible absent a transitional period sufficient to permit a claimant to seek judicial enforcement of a claim otherwise adversely affected by the new prescriptive period.” Ebinger II, 48 So.3d 375, 380 (quoting Elevating Boats, supra, 795 So.2d at 1163, n. 12 ) (emphasis in original).
Rule Authority · La. Ct. App.
Id. at 1163, n. 12 .
Rule Authority · La. Ct. App.
Elevating Boats, Inc., XXXX-XXXX, p. 14-15, 795 So.2d at 1163-64 (emphasis in original); see also Chance v. American Honda Motor Co., 93-2582 (La.4/11/94), 635 So.2d 177 (refusing to apply the statute retroactively to revive an already-prescribed cause of action).
emphasis in original
Rule Authority · La. Ct. App.
In Elevating Boats, 795 So.2d at 1173-74 (emphasis added), the supreme court held: *1078 We find that the Parish's combined interest, penalty, and attorney fees cannot exceed the 15% interest penalties permitted by La.Rev.Stat. § 33:2746.
emphasis added