specification error in Louisiana

48 Louisiana opinions name it 2 courts 1964–2017 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 (7)

Case	Followed	Cited
Cascio v. Twin Cities Development, LLCgreen lactapp · 2010 · cited in 1 Louisiana opinions naming this issue, 2011–2011 1 sentence 2011Cascio v. Twin Cities Development, LLC, 45,634, p. 5 (La.App.2d Cir.9/22/10), 48 So.3d 341, 344 (quoting Wilkins v. Nelson, 155 La. 807, 813 , 99 So. 607, 609 (1924)). [4] Also in conjunction with this specification of error.	1	1
Wilkins v. Nelsongreen · 1924 · cited in 1 Louisiana opinions naming this issue, 2011–2011 2 sentences 2011Cascio v. Twin Cities Development, LLC, 45,634, p. 5 (La.App.2d Cir.9/22/10), 48 So.3d 341, 344 (quoting Wilkins v. Nelson, 155 La. 807, 813 , 99 So. 607, 609 (1924)). [4] Also in conjunction with this specification of error. 2011Cascio v. Twin Cities Development, LLC, 45,634, p. 5 (La.App.2d Cir.9/22/10), 48 So.3d 341, 344 (quoting Wilkins v. Nelson, 155 La. 807, 813 , 99 So. 607, 609 (1924)). [4] Also in conjunction with this specification of error.	1	1
Ouachita Nat. v. Gulf States Land & Dev.green lactapp · 1991 · cited in 1 Louisiana opinions naming this issue, 1995–1995 1 sentence 1995Ouachita National Bank in Monroe v. Gulf States Land & Development, Inc., 579 So.2d 1115, 1120 (La.App. 2nd Cir.), writ denied, 587 So.2d 695 (La.1991).	1	1
Campbell v. Moutongreen lactapp · 1979 · cited in 1 Louisiana opinions naming this issue, 1989–1989 1 sentence 1989This court in Campbell v. Mouton, 373 So.2d 237, 239 (La.App. 3rd Cir.1979) enunciated the standard for ruling on a motion for judgment notwithstanding the verdict.	1	1
Thompson v. BANK OF NEW ORLEANS, ETC.green lactapp · 1982 · cited in 1 Louisiana opinions naming this issue, 1987–1987 1 sentence 1987Our jurisprudence has recognized the applicability of the exception of res judicata in eases “where a transaction or settlement of a disputed or compromised matter has been entered into between parties.” Thompson v. Bank of New Orleans and Trust Company, 422 So.2d 230, 231 (La.App. 4th Cir.1982).	1	1
Coleman v. Victorgreen la · 1976 · cited in 1 Louisiana opinions naming this issue, 1987–1987 1 sentence 1987Our Louisiana Supreme Court held in Coleman v. Victor, 326 So.2d 344, 348 (La.1976) that “[i]t is well settled that plaintiff has the burden of proving by a preponderance of the evidence damages caused by defendant’s fault.” The jury evidently concluded that Wah-den did not receive injuries beyond those he already sustained in earlier accidents or incidents; nor did he suffer any exacerbation of the earlier injuries in the March 2, 1984 accident.	1	1
State v. Daygreen la · 1982 · cited in 1 Louisiana opinions naming this issue, 1984–1984	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (58)

Case	Cited	Years
Arceneaux v. Domingue green la · 1978 2 sentences 1989Arceneaux v. Domingue, supra. Accordingly, we cannot say that the obvious findings of fact by the lower court that plaintiff proved no compensable inconvenience or mental anguish are manifestly erroneous or clearly wrong. 944 This specification of error is without merit. 1984*Art. 2531; Canter, supra; Arceneaux, supra. ATTORNEY FEES The final specification of error involves the refusal of the trial judge to allow Steven’s attorney fees against Mays.	3	1982–1989
Harrison v. South Central Bell Tel. Co. green lactapp · 1981 2 sentences 1983Rule 1-3, Uniform Rules, Courts of Appeal; Harrison v. South Central Bell Telephone Company, 390 So.2d 219 (La.App. 3rd Cir.1980), writ denied 396 So.2d 900 (La.1981). 1983Oh v. Allstate Insurance Company, 428 So.2d 1078 (La.App. 1st Cir.1983); Harrison v. South Central Bell Telephone Company, 390 So.2d 219 (La.App. 3rd Cir.1980), writ denied, 396 So.2d 900 (La.1981); Rule 1-3, Uniform Rules, Courts of Appeal.	3	1983–1983
Harrison v. South Central Bell Telephone Co. neutral la · 1981 2 sentences 1983Rule 1-3, Uniform Rules, Courts of Appeal; Harrison v. South Central Bell Telephone Company, 390 So.2d 219 (La.App. 3rd Cir.1980), writ denied 396 So.2d 900 (La.1981). 1983Oh v. Allstate Insurance Company, 428 So.2d 1078 (La.App. 1st Cir.1983); Harrison v. South Central Bell Telephone Company, 390 So.2d 219 (La.App. 3rd Cir.1980), writ denied, 396 So.2d 900 (La.1981); Rule 1-3, Uniform Rules, Courts of Appeal.	3	1983–1983
Gonzales v. Xerox Corp. green la · 1975 2 sentences 1997We have previously dealt with the first assignment of error and found it meritorious, but we erred in failing to address the remaining assignments of error in accordance with the rule of Gonzales, 320 So.2d 163 . 1976As to the specification of error concerning the Trial Judge’s instructions to the jury, we are of the opinion that in light of the Supreme Court’s decision of Gonzales v. Xerox Corp., 320 So.2d 163 (La.1975), there is no need for us to determine whether the Trial Judge was in error or not.	2	1976–1997
Canter v. Koehring Company green la · 1973 2 sentences 1984Art. 2531; Canter, supra; Arceneaux, supra. ATTORNEY FEES The final specification of error involves the refusal of the trial judge to allow Steven’s attorney fees against Mays. 1982As an alternative specification of error, the appellants urge that the jury conclusion in this case, that there was no defect in the design of the Ford automobile, is manifestly erroneously and therefore reversable under this court's fact finding authority as defined in Arceneaux v. Domingue, 365 So.2d 1330 (La.1979) and Canter v. Koehring, 283 So.2d 716 (La. 1973).	2	1982–1984
Oh v. Allstate Ins. Co. green lactapp · 1983 2 sentences 1983Oh v. Allstate Insurance Company, 428 So.2d 1078 (La.App. 1st Cir.1983); Harrison v. South Central Bell Telephone Company, 390 So.2d 219 (La.App. 3rd Cir.1980), writ denied, 396 So.2d 900 (La.1981); Rule 1-3, Uniform Rules, Courts of Appeal. 1983Oh v. Allstate Insurance Company, 428 So.2d 1078 (La.App. 1st Cir.1983); Harrison v. South Central Bell Telephone Company, 390 So.2d 219 (La.App. 3rd Cir.1980), writ denied, 396 So.2d 900 (La.1981); Rule 1-3, Uniform Rules, Courts of Appeal.	2	1983–1983
Perritt v. Dona green la · 2003 1 sentence 2017Perritt, 849 So.2d at 65 .	1	2017–2017
Stobart v. State Through DOTD green la · 1993 1 sentence 2010Id. \|sAW ARP OF DEPENDENT DEDUCTIONS We will consider this specification of error first because there we find merit in the specification.	1	2010–2010
Wilson v. Jefferson Parish Dept. of Parks & Recreation green la · 1996 1 sentence 2010Wilson v. Jefferson Parish, 95-470 (La.App. 5 Cir. 1/17/96) , 668 So.2d 1167 , writ denied, 96-0413 (La.4/19/96), 671 So.2d 927 .	1	2010–2010
Wilson v. JEFFERSON PARISH OF PARKS & RECREATION green lactapp · 1996 2 sentences 2010Wilson v. Jefferson Parish, 95-470 (La.App. 5 Cir. 1/17/96) , 668 So.2d 1167 , writ denied, 96-0413 (La.4/19/96), 671 So.2d 927 . 2010Wilson v. Jefferson Parish, 95-470 (La.App. 5 Cir. 1/17/96) , 668 So.2d 1167 , writ denied, 96-0413 (La.4/19/96), 671 So.2d 927 .	1	2010–2010
Taylor v. City of Shreveport green lactapp · 1995 1 sentence 1996In the cases cited by the trial court in its oral reasons, Kniepp v. City of Shreveport, 609 So.2d 1163 (La.App.2d Cir. 1992), and Taylor v. City of Shreveport, 26,820 (La.App.2d Cir.4/7/95), 653 So.2d 232 , this court decided that the defendants' entitlement to the defense of immunity, based on the above statute, turned on whether the challenged action involved the permissible exercise of a policy judgment or whether the challenged action was operational.	1	1996–1996
Kniepp v. City of Shreveport green lactapp · 1992 1 sentence 1996In the cases cited by the trial court in its oral reasons, Kniepp v. City of Shreveport, 609 So.2d 1163 (La.App.2d Cir. 1992), and Taylor v. City of Shreveport, 26,820 (La.App.2d Cir.4/7/95), 653 So.2d 232 , this court decided that the defendants' entitlement to the defense of immunity, based on the above statute, turned on whether the challenged action involved the permissible exercise of a policy judgment or whether the challenged action was operational.	1	1996–1996
State v. Colvin green la · 1984 1 sentence 1995Cf. State v. Burleson, 516 So.2d 1159 (La.App. 4th Cir.1987), writ denied, 521 So.2d 1168 (La.1988) (holding hearing as to the competency of certain witnesses in front of the jury did not prejudice defendant); State v. Handley, 453 So.2d 1242 (La.App. 1st Cir. 1984), writ denied, 457 So.2d 1199 (La.1984) (reversible error not posed when the prosecutor made brief reference, in closing argument, to an outside hearing concerning the admissibility of a confession).	1	1995–1995
State v. Derry neutral la · 1988 1 sentence 1995Cf. State v. Burleson, 516 So.2d 1159 (La.App. 4th Cir.1987), writ denied, 521 So.2d 1168 (La.1988) (holding hearing as to the competency of certain witnesses in front of the jury did not prejudice defendant); State v. Handley, 453 So.2d 1242 (La.App. 1st Cir. 1984), writ denied, 457 So.2d 1199 (La.1984) (reversible error not posed when the prosecutor made brief reference, in closing argument, to an outside hearing concerning the admissibility of a confession).	1	1995–1995
State v. Handley green lactapp · 1984 1 sentence 1995Cf. State v. Burleson, 516 So.2d 1159 (La.App. 4th Cir.1987), writ denied, 521 So.2d 1168 (La.1988) (holding hearing as to the competency of certain witnesses in front of the jury did not prejudice defendant); State v. Handley, 453 So.2d 1242 (La.App. 1st Cir. 1984), writ denied, 457 So.2d 1199 (La.1984) (reversible error not posed when the prosecutor made brief reference, in closing argument, to an outside hearing concerning the admissibility of a confession).	1	1995–1995
Bank v. GULF STATES LAND AND DEV. INC. green la · 1991 1 sentence 1995Ouachita National Bank in Monroe v. Gulf States Land & Development, Inc., 579 So.2d 1115, 1120 (La.App. 2nd Cir.), writ denied, 587 So.2d 695 (La.1991).	1	1995–1995
Moore v. Roemer green la · 1990 1 sentence 1995I note that insofar as LSA-R.S. 15:1177(A) may be read to divest the district court of its original jurisdiction over the plaintiff's tort suit, that statute is unconstitutional under our holding in Moore v. Roemer, 567 So.2d 75 (La.1990). [2] Compare Brister v. Southwest Louisiana Hosp.	1	1995–1995
State v. Burleson green lactapp · 1988 1 sentence 1995Cf. State v. Burleson, 516 So.2d 1159 (La.App. 4th Cir.1987), writ denied, 521 So.2d 1168 (La.1988) (holding hearing as to the competency of certain witnesses in front of the jury did not prejudice defendant); State v. Handley, 453 So.2d 1242 (La.App. 1st Cir. 1984), writ denied, 457 So.2d 1199 (La.1984) (reversible error not posed when the prosecutor made brief reference, in closing argument, to an outside hearing concerning the admissibility of a confession).	1	1995–1995
Clomon v. Monroe City School Bd. green la · 1991 1 sentence 1995However, Mrs. Guidry contends that the award of mental anguish damages to her is proper and is based on three separate and distinct theories of recovery: (1) LSA-C.C. art. 2315 damages sustained by her as a direct victim of the armed robbery. (2) LSA-C.C. art. 2315.6 damages sustained by her as a result of her husband's injuries. (3) Damages due to the defendants' breach of a special, direct duty created by law, contract, or relationship as specified in Clomon v. Monroe City School Board, 572 So.2d 571 (La.1990).	1	1995–1995
Kern v. Southport Mill, Ltd. green la · 1932 2 sentences 1988Glory urges the following specification of error on appeal: That the trial court erred ignoring or creating an unprecedented exception to the ` Kern rule ' [ Kern v. Southport Mill, 174 La. 432 , 141 So. 19 (La.1932)] in finding plaintiff-appellant's injury to be covered by worker's compensation. 1988Glory urges the following specification of error on appeal: That the trial court erred ignoring or creating an unprecedented exception to the ` Kern rule ' [ Kern v. Southport Mill, 174 La. 432 , 141 So. 19 (La.1932)] in finding plaintiff-appellant's injury to be covered by worker's compensation.	1	1988–1988
Prudhomme v. Nationwide Mut. Ins. Co. green lactapp · 1985 1 sentence 1988We thus consider this specification of error to be abandoned Prudhomme v. Nationwide Mutual Insurance Co., 465 So.2d 141 (La.App. 3d Cir.), writ denied, 467 So.2d 1132 (La.1985).	1	1988–1988
Prudhomme v. Nationwide Mut. Ins. Co. green la · 1985 1 sentence 1988We thus consider this specification of error to be abandoned Prudhomme v. Nationwide Mutual Insurance Co., 465 So.2d 141 (La.App. 3d Cir.), writ denied, 467 So.2d 1132 (La.1985).	1	1988–1988
State v. Davis green lactapp · 1983 1 sentence 1987In State v. Davis, 440 So.2d 855 (La.App. 2nd Cir.1983), defendant was convicted of distribution of cocaine and was sentenced to five (5) years at hard labor. *509 This specification of error is without merit.	1	1987–1987
American Fidelity Fire Ins. Co. v. Binnings Const. Co., Inc. neutral lactapp · 1974 1 sentence 1986SPECIFICATION OF ERROR NO. 2 Mrs. Derouen asserts the trial judge erred in allowing the plaintiff to amend the sworn detailed descriptive list "... without actual service on and notice to the defendant." She cites the case of American Fidelity Fire Insurance Company v. Binnings Construction Company, Inc., 302 So.2d 320 (La.App. 4th Cir.1974) for the proposition that a plaintiff who amends the original petition after taking a preliminary default against defendant is required to take another preliminary default as a prerequisite to obtaining a valid judgment against the defendant on the amended	1	1986–1986
Lawson v. McBride green la · 1908	1	1985–1985
Drope v. Missouri green scotus · 1975	1	1985–1985
State v. Sepulvado green la · 1979	1	1984–1984
State in Interest of Dino green la · 1978	1	1984–1984
Charles Carter & Co. v. Charles W. Hogg Co. neutral lactapp · 1977	1	1983–1983
Neel v. O'QUINN green lactapp · 1975	1	1982–1982
Hartley v. Hartley neutral lactapp · 1976	1	1977–1977
Marcotte v. Travelers Insurance Company green la · 1971	1	1976–1976
State v. Migliore green la · 1972	1	1975–1975
Rideau v. Louisiana green scotus · 1963	1	1974–1974
State v. Rideau green la · 1962	1	1974–1974
Jordan v. Travelers Insurance Company green la · 1971	1	1974–1974
State v. Williams green la · 1972	1	1974–1974
Dubroc v. Dubroc green lactapp · 1973	1	1974–1974
McGuire v. Oliver green lactapp · 1969	1	1974–1974
Andrepont v. Acadia Drilling Co. green la · 1969	1	1973–1973

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (4) LA § La. Rev. Stat. § 14:42 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 48 (1964–2017) MT 32 (1896–2021) KS 30 (1911–2000) IN 28 (1895–1997) ND 18 (1910–2020) HI 17 (1945–1981) CA 17 (1869–2025) AK 16 (1965–1990) NJ 13 (1963–2021) OK 13 (1913–1981) PA 7 (1900–1982) ID 7 (1923–1985) OH 7 (1923–2016) NY 5 (1920–1993) MN 5 (1903–1944) MO 5 (1920–1965) MA 4 (1979–2005) TX 3 (1922–2015) OR 2 (1892–1989) MI 2 (1897–1979) IA 2 (1912–1937) SC 2 (1928–1979)

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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