Cited by

Opinions in Louisiana that cite Horton v. Mayeaux, 931 So. 2d 338.

27 citing documents.

Shonda Clark v. Premier Automotive Management, LLC and Federated Insurance Foundation, Inc. La. Ct. App. 4th Cir. 2025
5/30/06), ) (citation omitted).
Succession of Jean Lipps Burke La. Ct. App. 5th Cir. 2024
Tammy Martinez v. Lg Electronics U.S.A., Inc., Lg Electronics Alabama, Inc., and Home Depot U.S.A. La. Ct. App. 4th Cir. 2024
5/30/06), (citations omitted).
State of Louisiana v. Brandon Bell-Brayboy La. Ct. App. 2d Cir. 2020
5/30/06), the Court held that a district court has the authority to order a new trial on its own motion so long as the district court has continuing jurisdiction over the case because a party has filed a motion for new trial and/or a motion for a judgment notwithstanding the verdict (“JNOV”).
Beverly Construction, L.L.C. v. Wadsworth Estates, L.L.C. La. Ct. App. 1st Cir. 2020
Dane Thomas v. State of Louisiana, The Department of Wildlife and Fisheries La. Ct. App. 1st Cir. 2019
5/ 30/ 06), where the Louisiana Supreme Court affirmed the trial court' s ordering of a new trial, noting the jury had been " pushed to the max," and one witness' s testimony concluded at 9: 30 p.m., thirty minutes after the air conditioning shut down in the building on a late August night in south Louisiana.
Frigon v. Universal Pictures, Inc. 255 So. 3d 591 La. Ct. App. 1st Cir. 2018
Myles v. Hosp. Serv. Dist. No. 1 of Tangipahoa Parish 248 So. 3d 545 La. Ct. App. 1st Cir. 2018
Explained Ron Warren, Individually and on Behalf of the Estate of Derek Hebert v. Shelter Mutual Insurance Company La. 2017
David Pitts Jr. and Kenyetta Gurley v. Louisiana Medical Mutual Insurance Company and Rhoda Renee Jones, M.D. 218 So. 3d 58 La. 2017
5/30/06), Lamb v. Lamb, 430 So.
Pitts v. Louisiana Medical Mutual Insurance Co. 197 So. 3d 221 La. Ct. App. 1st Cir. 2016
Horton v. Mayeaux, 2005-1704, p. 11 (La.5/30/06), ; LnWhen the trial court grants a new trial *236 based on Article 1972⅛ mandatory ground of a jury verdict being contrary to the law and the evidence, the appellate court must review the record in view of the specific law or evidence found to conflict with the jury verdict to determine whether the trial court abu
Condon v. Logan 190 So. 3d 778 La. Ct. App. 1st Cir. 2016
In addition, a trial court only has authority to grant a new trial, recall, modify or set aside a judgment within the time delays allowed for filing a motion for new trial, Horton v. Mayeaux, 05-1704, pp. 5-6 (La.5/30/06), ; (La.App.
Stevenson v. Serth 169 So. 3d 612 La. Ct. App. 1st Cir. 2015
Martin v. Heritage Manor South, 00-1023, p. 3 (La.4/3/01), ; Horton v. Mayeaux, 05-1704 (La.5/30/06), .
Pollard v. Schiff 161 So. 3d 48 La. Ct. App. 1st Cir. 2015
Horton v. Mayeaux, 05-1704, p. 11 (La.5/30/06), .
Caceres v. United Automobile Insurance Co. 154 So. 3d 584 La. Ct. App. 1st Cir. 2014
art. 1973 allows a district court to use its discretion to order a new trial whenever it is ‘convinced by [its] examination of the facts that the judgment would result in a miscarriage of justice.’ ” Horton v. Mayeaux, 05-1704, pp. 9-10 (La.5/30/06), (citing Lamb, 430 So.2d at 53 ).
Atkins v. Louisiana Mutual Medical Insurance Co. 105 So. 3d 781 La. Ct. App. 2d Cir. 2012
Horton v. Ma yeaux, 05-1704 (La.5/30/06)
Wood v. Humphries 103 So. 3d 1105 La. Ct. App. 1st Cir. 2012
Horton v. Mayeaux, 05-1704 (La.5/30/06), .
Slaughter v. Board of Supervisors of Southern University & Agricultural & Mechanical College 76 So. 3d 438 La. Ct. App. 1st Cir. 2011
Horton v. Mayeaux, 2005-1704 (La.5/30/06), .
Nelson v. Teachers' Retirement System of Louisiana 57 So. 3d 587 La. Ct. App. 1st Cir. 2011
art. 2123(A)(1); Horton v. Mayeaux, 2005-1704 (La.5/30/06), ; Bellco Electric, Inc. v. Miller, 08-785 (La.App.
Thomas v. Comfort Center of Monroe, LA, Inc. 48 So. 3d 1228 La. Ct. App. 1st Cir. 2010
Norton v. Mayeaux, 05-1704, p. 11 (La.5/30/06), .
McFall v. McFall 44 So. 3d 329 La. Ct. App. 1st Cir. 2010
See Horton v. Mayeaux, 05-1704 (La.5/30/06) .
Johnson v. Morehouse General Hospital 27 So. 3d 1085 La. Ct. App. 2d Cir. 2009
art.1974; Horton v. Mayeaux, 05-1704 (La.5/30/06), .
Advocate Financial, LLC v. Lahatte 24 So. 3d 1031 La. Ct. App. 1st Cir. 2009
5/30/06), ; see also State ex rel.
Derrick Shawn James v. Lynden Burton La. Ct. App. 3d Cir. 2008
5/30/06), (alteration in original), finding the following: La.
James v. Burton 983 So. 2d 999 La. Ct. App. 3d Cir. 2008
The supreme court examined the granting of a motion for new trial under Article 1973 in Horton v. Mayeaux, 05-1704, pp. 9-10 (La.5/30/06), (alteration in original), finding the following: La.Code of Civ.
Forbes v. Cockerham 985 So. 2d 86 La. Ct. App. 1st Cir. 2008
Horton v. Mayeaux, 05-1704, p. 11 (La.5/30/06), .
Lawson v. Mitsubishi Motor Sales of America 938 So. 2d 35 La. 2006
In Horton v. Mayeaux, 05-1704 (La.5/30/06); , this Court found: Our finding that a district court retains the authority to order a new trial on its own motion, even after the expiration of the delay for filing a motion for new trial, in cases in which one of the parties has filed either a motion for new trial or a motion for JNOV, is consistent with the languag