theory of the case doctrine (Louisiana) · Go Syfert
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theory of the case doctrine in Louisiana

6 Louisiana opinions name it 2 courts 1972–1993 0 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.

Followed or applied (1)

CaseFollowedCited
Morgavi v. Mummegreen
la · 1972 · cited in 1 Louisiana opinions naming this issue, 1974–1974
1 sentence

1974See Morgavi v. Mumme, 270 So.2d 540 (La.1972); Grand Isle Campsites, Inc. v. Cheek, 262 La. 5 , 262 So.2d 350 (1972).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Royal Furniture Company of Baton Rouge v. Benton green
la · 1972
2 sentences

1985Royal Furniture Company of Baton Rouge v. Berton, 260 La. 527 , 256 So.2d 614 (1972); Cox v. W.

1985Royal Furniture Company of Baton Rouge v. Berton, 260 La. 527 , 256 So.2d 614 (1972); Cox v. W.

21982–1985
McGowan-Rigsby Sup., Inc. v. CHARLES CARTER & CO. INC. neutral
lactapp · 1972
1 sentence

1993The court in McGowan-Rigsby, Inc. v. Charles Carter & Co., Inc., 268 So.2d 716 (La.App. 1st Cir.1972) recognized that a main purpose of La.C.C.P. art. 862 was to eliminate the theory of the case doctrine and award relief to which a party is entitled.

11993–1993
Philippe v. Browning Arms Co. green
la · 1981
1 sentence

1988Philippe v. Browning Arms Company, 395 So.2d 310 (La.1981).

11988–1988
Grand Isle Campsites, Inc. v. Cheek green
la · 1972
2 sentences

1974See Morgavi v. Mumme, 270 So.2d 540 (La.1972); Grand Isle Campsites, Inc. v. Cheek, 262 La. 5 , 262 So.2d 350 (1972).

1974See Morgavi v. Mumme, 270 So.2d 540 (La.1972); Grand Isle Campsites, Inc. v. Cheek, 262 La. 5 , 262 So.2d 350 (1972).

11974–1974
Summerell v. Phillips green
la · 1971
2 sentences

1972The court may award damages for frivolous appeal; and may tax the costs of the lower or appellate court, or any part thereof, against any party to the suit, as in its judgment may be considered equitable." The foregoing article, it is true, abolished the theory-of-the-case doctrine and gave the appellate courts wide latitude in granting relief to which a litigant is entitled "upon the record on appeal." As we recently stated in Summerell v. Phillips, 258 La. 587 , 247 So.2d 542 (1971), the phrase upon the record on appeal has major significance.

1972The court may award damages for frivolous appeal; and may tax the costs of the lower or appellate court, or any part thereof, against any party to the suit, as in its judgment may be considered equitable." The foregoing article, it is true, abolished the theory-of-the-case doctrine and gave the appellate courts wide latitude in granting relief to which a litigant is entitled "upon the record on appeal." As we recently stated in Summerell v. Phillips, 258 La. 587 , 247 So.2d 542 (1971), the phrase upon the record on appeal has major significance.

11972–1972

Where else courts name it

CO 49 (1980–2026) WY 9 (1981–2008) CA 7 (1990–2022) CT 6 (2015–2026) LA 6 (1972–1993)

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.

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