overriding presumption in Louisiana

2005Thereafter, the court went on to say that the amendment “levels the playing field between the parties in two ways: first, the supporting documentation submitted by the parties should be scrutinized equally, and second, the overriding presumption in favor of trial on the merits is removed.” Id.; Hardy v. Bowie, 98-2821, p. 5 (La.9/8/99), 744 So.2d 606 (citing Hayes v. Autin, 96-287 (La.App. 3 Cir. 12/26/96) , 685 So.2d 691, 694 , writ denied, 97-0281 (La.3/14/97), 690 So.2d 41 ).

2003"In effect, the amendment `levels the playing field' between the parties in two ways: first, the supporting documentation submitted by the parties should be scrutinized equally, and second, the overriding presumption in favor of trial on the merits is removed." Hardy v. Bowie, 98-2821, p. 5 (La.9/8/99), 744 So.2d 606 (citing Hayes v. Autin, 96-287 (La.App. 3rd Cir.12/26/96), 685 So.2d 691, 694 , writ denied, 97-0281 (La.3/14/97), 690 So.2d 41 ).

2017The overriding inquiry, however, is “whether there is no just reason for delay.” Id., 04-1664, p. 14, 894 So.2d at 1122-23 .

2016The overriding inquiry for us, as it is for the trial court, is “whether there is no just reason for delay.” Id., p. 14, 894 So.2d at 1122-1123 .

2005Thereafter, the court went on to say that the amendment “levels the playing field between the parties in two ways: first, the supporting documentation submitted by the parties should be scrutinized equally, and second, the overriding presumption in favor of trial on the merits is removed.” Id.; Hardy v. Bowie, 98-2821, p. 5 (La.9/8/99), 744 So.2d 606 (citing Hayes v. Autin, 96-287 (La.App. 3 Cir. 12/26/96) , 685 So.2d 691, 694 , writ denied, 97-0281 (La.3/14/97), 690 So.2d 41 ).

2003"In effect, the amendment `levels the playing field' between the parties in two ways: first, the supporting documentation submitted by the parties should be scrutinized equally, and second, the overriding presumption in favor of trial on the merits is removed." Hardy v. Bowie, 98-2821, p. 5 (La.9/8/99), 744 So.2d 606 (citing Hayes v. Autin, 96-287 (La.App. 3rd Cir.12/26/96), 685 So.2d 691, 694 , writ denied, 97-0281 (La.3/14/97), 690 So.2d 41 ).

2000Koeppen v. Raz, 29,880 (La.App.2d Cir.10/29/97), 702 So.2d 337 ; Gardner v. LSU-MC, 29,946 (La.

1999Koeppen v. Raz, 29,880 (La.App.2d Cir.10/29/97), 702 So.2d 337 ; Gardner v. LSU MC, 29,946 (La.

2005Thereafter, the court went on to say that the amendment “levels the playing field between the parties in two ways: first, the supporting documentation submitted by the parties should be scrutinized equally, and second, the overriding presumption in favor of trial on the merits is removed.” Id.; Hardy v. Bowie, 98-2821, p. 5 (La.9/8/99), 744 So.2d 606 (citing Hayes v. Autin, 96-287 (La.App. 3 Cir. 12/26/96) , 685 So.2d 691, 694 , writ denied, 97-0281 (La.3/14/97), 690 So.2d 41 ).

2003"In effect, the amendment `levels the playing field' between the parties in two ways: first, the supporting documentation submitted by the parties should be scrutinized equally, and second, the overriding presumption in favor of trial on the merits is removed." Hardy v. Bowie, 98-2821, p. 5 (La.9/8/99), 744 So.2d 606 (citing Hayes v. Autin, 96-287 (La.App. 3rd Cir.12/26/96), 685 So.2d 691, 694 , writ denied, 97-0281 (La.3/14/97), 690 So.2d 41 ).

2001Marrogi v. Gerber, 2000-1091 (La.App. 4 Cir. 5/16/01) , 787 So.2d 1098 .

2001Marrogi v. Gerber, 2000-1091 (La.App. 4 Cir. 5/16/01) , 787 So.2d 1098 .

1999Koeppen v. Raz, 29,880 (La.App.2d Cir.10/29/97), 702 So.2d 337 ; Gardner v. LSU-MC, 29,946 (La. *841 App.2d Cir.10/29/97), 702 So.2d 53 .

1998Koeppen v. Raz, 29,880 (La.App.2d Cir.10/29/97), 702 So.2d 337 ; Gardner v. LSU-MC, 29,946 (La.App.2d Cir.10/29/97), 702 So.2d 53 .

1998Hayes v. Autin, 96-287 (La.App. 3d Cir. 12/26/96), 685 So.2d 691 , writ denied, 97-0281 (La.3/14/97), 690 So.2d 41 ; Berzas v. OXY USA, Inc., 29,835 (La.App.2d Cir. 9/24/97), 699 So.2d 1149 .

1998Hayes v. Autin, 96-287 (La.App. 3d Cir.12/26/96), 685 So.2d 691 , writ denied, 97-0281 (La.3/14/97), 690 So.2d 41 ; Berzas v. OXY USA, Inc., 29,835 (La.App. 2d Cir.9/24/97), 699 So.2d 1149 .

1997Jenson v. First Guaranty Bank, 96-0381 (La.App. 1st Cir. 5/9/97), 699 So.2d 403, 404 .

1997Jenson v. First Guaranty Bank, 96-0381, 96-0382, p. 7 (La.App. 1st Cir. 5/9/97); 699 So.2d 403, 405 .

2016Civil Law Treatise, Book 2; The principle of judicial dissolution is, therefore, “a necessary consequence of the overriding principle of good faith which subjects the- parties to the duty of observing a degree of tolerance in the matter of contract per-, formance.” Waseco Chemical & Supply Co., 371 So.2d at 308 .

2016Judicial dissolution, accordingly, “affords an* opportunity for the exercise of the court’s sovereign prerogative of weighing all these circumstances with large discretion” because it allows “the court to determine whether .the rendering , of only partial performance by the obligor, plus the delay. attending a possible completion, or the.failure in performing an accessory obligation, .warrants dissolution.” Id.

2012Templet, 172005 — 1903 at 6-7, 951 So.2d at 185 -186 (citing R.J.

2002Williams v. Williams, 95-13 (La.App. 5th Cir.04/25/95), 655 So.2d 405 ; Jimco, Inc. v. Gentilly Terrace Apartments, Inc., 230 So.2d 281 (La.App. 4th Cir.1970).

2002Williams v. Williams, 95-13 (La.App. 5th Cir.04/25/95), 655 So.2d 405 ; Jimco, Inc. v. Gentilly Terrace Apartments, Inc., 230 So.2d 281 (La.App. 4th Cir.1970).

2001Rogers v. Horseshoe Entertainment, 32,800 (La.App. 2 Cir. 8/1/00), 766 So.2d 595, 599 , units denied, 00-2894 and 00-2905 (La.12/8/00), 776 So.2d 463 and 464.

2001Rogers v. Horseshoe Entertainment, 32,800 (La.App. 2 Cir. 8/1/00), 766 So.2d 595, 599 , units denied, 00-2894 and 00-2905 (La.12/8/00), 776 So.2d 463 and 464.

2001Falgout v. Dealers Truck Equipment Co., 98-3150, p. 9 (La.10/19/99), 748 So.2d 399, 406 . [2] Similarly, child support awards are always subject to modification if the needs of the child and/or the ability of the parent to pay justifies the modification.

2001Marrogi v. Gerber, XXXX-XXXX(La.App. 4 Cir. 5/16/01), 787 So.2d 1098 , writ denied, XXXX-XXXX (La.9/28/01), 798 So.2d 120 . *963 In 1997, article 966 was further amended to alter the burden of proof in summary judgment proceedings.

1999Likewise, since the inception of workers' compensation in this state, the legislature has "expressly provided that a compensation award can be subject to modification based on a change in the worker's condition." Jackson , 98-1810 p. 9, 732 So.2d at 524 .

1998Bilbo v. Shelter Insurance Company, 698 So.2d at 693 .

1998Rodden v. Davis, 293 So.2d 578 (La.App. 3rd Cir.1974), writ denied, 296 So.2d 832 .

1998Rodden v. Davis, 293 So.2d 578 (La.App. 3rd Cir.1974), writ denied, 296 So.2d 832 .

1997Ebarb v. Guinn Brothers, Inc., 29,179 (La.App.2d Cir. 2/26/97), 691 So.2d 228 .

1990Everett v. Everett, 433 So.2d 705 (La. 1983).

1988In holding the "policy expressly covered the employee for uninsured motorists while driving any vehicle, while occupying any vehicle, or while walking down the road," Baesler, 481 So.2d at 132 , the Supreme Court relied on the language of the policy before it and not on an overriding principle of law.

1986Carroway v. Carroway, 475 So.2d 48 (La.App.2d Cir.1985).

1974The overriding principle of our law applicable in this case is the same applied in Kittredge v. Grau, 158 La. 154 , 103 So. 723 (1922) where the Supreme Court determined that a similar and, in fact much more complicated transaction, whether it be called a payment, a sale, or an exchange, would amount to and should be ruled to be an exchange.

1974The overriding principle of our law applicable in this case is the same applied in Kittredge v. Grau, 158 La. 154 , 103 So. 723 (1922) where the Supreme Court determined that a similar and, in fact much more complicated transaction, whether it be called a payment, a sale, or an exchange, would amount to and should be ruled to be an exchange.