propriety presumption in Louisiana

1985In such a case, it becomes necessary for the other party to reestablish the propriety of the presumption's conclusion." Turner v. Turner, supra, at 1379 .

1984In such a case, it becomes necessary for the other party to re-establish the propriety of the presumption’s conclusion.” In two recent cases decided prior to Turner v. Turner, supra, the courts found joint custody not to be in the best interest of the child.

1995Id.

1995The Court did not settle on a single definition for the terms “claim” or “cause of action.” However, it did rely heavily on the standard of federal pendent jurisdiction which requires a “common nucleus of operative facts.” See Reeder, 623 So.2d at 1271 .

1989As pointed out in Key v. Key, 519 So.2d 319 (La.App. 2nd Cir.1988), whether the best interest of the children, on the one hand, favors sole custody and, on the other hand, favors a change in the designation of which parent shall be the domiciliary parent, however, are two separate and distinct questions.

1984In Succession of Waterman, 298 So.2d 731 (La.1974), the Supreme Court held that a testamentary provision requiring “that all my just debts ... be paid out of my residuary estate” was broad enough to require payment from the residuary estate of an encumbrance by mortgage on separate property.

1984In Lachney v. Lachney, 446 So.2d 923 (La.App. 3rd.

1981In State v. McCoy, supra, this Court considered these principles in analyzing the propriety of a presumption contained in a statute that proscribed the taking or misappropriation of defined utility services without the consent of and with the intent to defraud the utility supplier.