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8 Louisiana opinions name it 2 courts 1959–2021 1 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wyman v. DUPEPE CONSTRUCTIONgreen2 sentences2013The Louisiana Supreme Court has held that “when a court sustains an exception of prescription, it should permit amendment of the plaintiffs pleadings if the new allegations which the plaintiff proposes raise the possibility the claim is not prescribed, even if the ultimate outcome of the prescription issue, once the petition is amended, is uncertain.” Quinn, supra, citing Wyman v. Dupepe Construction, 09-817 (La.12/1/09), 24 So.3d 848 . 2012Citing Whitnell , in Wyman v. Dupepe Construction, 09-0817 (La.12/1/09), 24 So.3d 848 , this court reiterated that “when a court sustains an exception of prescription, it shotild permit amendment of the plaintiffs pleadings if the new allegations which the plaintiff proposes raise the possibility the claim is not prescribed, even if the ultimate outcome of the prescription issue, once the petition is amended, is uncertain.” Id., 09-0817 at 1, 24 So.3d at 849 . | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Quinn v. Louisiana Citizens Property Insurance Corp.
green
1 sentence2013Quinn, supra at 1023 . | 1 | 2013–2013 |
Reeder v. North
green
1 sentence2009Reeder v. North, 97-0239 (La.10/21/97), 701 So.2d 1291, 1299 ; Whitnell v. Menville, 540 So.2d 304 (La.1989). | 1 | 2009–2009 |
Whitnell v. Menville
green
1 sentence2009Reeder v. North, 97-0239 (La.10/21/97), 701 So.2d 1291, 1299 ; Whitnell v. Menville, 540 So.2d 304 (La.1989). | 1 | 2009–2009 |
Hargroder v. Columbia Gulf Transmission Co.
green
1 sentence1976Recently our Supreme Court, in Hargroder v. Columbia Gulf Transmission Company, 290 So.2d 874 (La.1974), differentiated the two exceptions with this explanation: "Generally speaking, an exception of no right of action serves to question the right of a plaintiff to maintain this suit, i. e., * * * his interest in the subject matter of the proceeding, whereas an exception of no cause of action addresses itself to the sufficiency in law of the petition and the exhibits attached thereto. | 1 | 1976–1976 |
Spillers v. Northern Assurance Co. of America
green
1 sentence1976The cases upon which the panel relied for this decision, Roloff v. Liberty Mutual Insurance Co., 191 So.2d 901 (La.App. 4th Cir. 1966) and Spillers v. Northern Assurance Co. of America, 254 So.2d 125 (La.App. 3rd Cir. 1971), writ refused, are not on point. | 1 | 1976–1976 |
Honeycutt v. Town of Boyce
green
1 sentence1976In the case of Honeycutt v. Town of Boyce, 327 So.2d 154 (La.App. 3rd Cir. 1976), writ of review issued, La., 330 So.2d 317 , a different panel of judges of this court held that where the trial court sustains an exception of no cause of action, denies a motion for summary judgment, and the better disposition of the matter would be by summary judgment, the appeal court could review and overrule the denial of a motion for summary judgment. | 1 | 1976–1976 |
Roloff v. Liberty Mutual Insurance Company
green
1 sentence1976The cases upon which the panel relied for this decision, Roloff v. Liberty Mutual Insurance Co., 191 So.2d 901 (La.App. 4th Cir. 1966) and Spillers v. Northern Assurance Co. of America, 254 So.2d 125 (La.App. 3rd Cir. 1971), writ refused, are not on point. | 1 | 1976–1976 |
In re Liquidation of Delta Security Bank & Trust Co.
neutral
1 sentence1976In the case of Honeycutt v. Town of Boyce, 327 So.2d 154 (La.App. 3rd Cir. 1976), writ of review issued, La., 330 So.2d 317 , a different panel of judges of this court held that where the trial court sustains an exception of no cause of action, denies a motion for summary judgment, and the better disposition of the matter would be by summary judgment, the appeal court could review and overrule the denial of a motion for summary judgment. | 1 | 1976–1976 |
Kohler v. McClellan
green
1 sentence1959Appellees in argument before this court state that of these cases they rely principally on Kohler v. McClellan, 5 Cir., 1946, 156 F.2d 908 . | 1 | 1959–1959 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.