Cited by

Opinions in Louisiana that cite Breaux v. Laird, 88 So. 2d 33.

61 citing documents.

Wade Thompson v. Ivy J. Hebert, Jr. & Axis Surplus Insurance Company La. Ct. App. 3d Cir. 2023
7/1/11), -51, for the principle that “[w]aiver occurs when there is an existing right, a knowledge of its existence and an actual intention to relinquish it or conduct so inconsistent with the intent to enforce the right as to induce a reasonable belief that it has been relinquished.” So.2d 33, 38 (1956), in which the court stated, “the term ‘waiver’ .
Succession of Rhoda Evelyn Snyder Davis La. Ct. App. 3d Cir. 2015
So.2d 33, 39 (1956); (La.App.
Pollard v. Schiff 161 So. 3d 48 La. Ct. App. 1st Cir. 2015
Billups v. B.C. Enterprise Group, Inc. 104 So. 3d 577 La. Ct. App. 1st Cir. 2012
Peeler v. Dural 958 So. 2d 31 La. Ct. App. 5th Cir. 2007
Succession of Villarrubia 680 So. 2d 1147 La. 1996
Todd strenuously argues that he had no rights as a , (1956), in order to waive a right it must be in existence and known to the person waiving the right.
State v. Garcia 672 So. 2d 177 La. Ct. App. 2d Cir. 1995
Daigle v. Daigle 619 So. 2d 645 La. Ct. App. 1st Cir. 1993
Armstead v. Boh Bros. Const. Co., Inc. 609 So. 2d 965 La. Ct. App. 4th Cir. 1992
Cheramie v. Vegas 468 So. 2d 810 La. Ct. App. 1st Cir. 1985
Provenzano v. Populis 428 So. 2d 556 La. Ct. App. 4th Cir. 1983
Boagni v. Waterbury 403 So. 2d 856 La. Ct. App. 3d Cir. 1981
(1956); Al Smith's Plumbing & Heating Service, Inc. v. River Crest, Inc., (La.App.
Giron v. Housing Auth. of City of Opelousas 393 So. 2d 1267 La. 1981
See, , (1956); Douglas v. Haro, 214 La.
DeSoto v. Ellis 393 So. 2d 847 La. Ct. App. 2d Cir. 1981
Pullen v. Kinler 375 So. 2d 727 La. Ct. App. 1st Cir. 1979
STANDARD CO., ETC. v. Elliott Const. Co., Inc. 363 So. 2d 671 La. 1978
Tullis v. Vose 348 So. 2d 1277 La. Ct. App. 1st Cir. 1977
1461 ; , ; Michel v. Efferson, 223 La.
Aetna Finance Co. v. Antoine 343 So. 2d 1195 La. Ct. App. 4th Cir. 1977
Succession of Rock v. Allstate Life Insurance Co. 329 So. 2d 862 La. Ct. App. 1st Cir. 1976
Succession of Hilton, La.App., ; Clay v. Liberty Industrial Life Insurance Co., La.App., 157 So.
Charles C. Cloy, General Contractors, Inc. v. DiVincenti Brothers, Inc. 308 So. 2d 495 La. Ct. App. 1st Cir. 1975
(1956); Costanza v. Cannata, 214 La.
Overruled Peltier v. Seabird Industries, Inc. 309 So. 2d 343 La. 1975
(1956); Media Production Consultants, Inc. v. Mercedes-Benz of North America, 262 La.
Carrier v. Travelers Insurance Co. 304 So. 2d 62 La. Ct. App. 1st Cir. 1974
Jenkins v. Prager, Inc. 299 So. 2d 561 La. Ct. App. 1st Cir. 1974
Gulotta v. Cutshaw 283 So. 2d 482 La. 1973
Polk v. Hunt 282 So. 2d 614 La. Ct. App. 1st Cir. 1973
921 , (1965); , (1956); West v. Ray, 210 La.
Budget Plan of Baton Rouge, Inc. v. Talbert 276 So. 2d 297 La. 1973
921 , (1965); , (1956); West v. Ray, 210 La.
Ascension Builders, Inc. v. Jumonville 263 So. 2d 875 La. 1972
Civil Code art. 2775; , (1956); Hamill v. Moore, 194 La.
Roddy v. Independent Oil & Chemical Workers Union of Louisiana 233 So. 2d 714 La. Ct. App. 1st Cir. 1970
Dikert v. Ruiz 231 So. 2d 633 La. Ct. App. 4th Cir. 1970
Whitehall Oil Co. v. Boagni 229 So. 2d 702 La. 1969
1 , , Breaux v. Laird, Jr., et al., , and American Bank and Trust Company v. Trinity Universal Insurance Company et al., 251 La.
Southern Discount Co. v. Marchand 218 So. 2d 645 La. Ct. App. 1st Cir. 1969
People of Living God v. Chantilly Corporation 207 So. 2d 752 La. 1968
Sentell v. American Service Mutual Insurance 203 So. 2d 784 La. Ct. App. 1st Cir. 1967
Bielkiewicz v. Insurance Company of North America 201 So. 2d 130 La. Ct. App. 3d Cir. 1967
Also: , , syllabus 10; State v. Younger, 206 La.
Cotton v. Bartoneau 199 So. 2d 17 La. Ct. App. 1st Cir. 1967
382 ; , .” Therefore, the judgment, insofar as it runs against defendant Bartoneau, is annulled, avoided and reversed and the suit is dismissed at the cost of appellants.
Consolidated Loans, Inc. v. Smith 190 So. 2d 522 La. Ct. App. 1st Cir. 1966
cited and relied upon by counsel for appellants, is inapposite to the issue under consideration.
Pittman Construction Co. v. Housing Authority 179 So. 2d 900 La. 1965
What was said in the case of Breaux v. Laird, Jr., , , is pertinent here: *485 “Though there are various definitions of the term ‘waiver’, it can he comprehensively defined as a voluntary and intentional relinquishment or abandonment of a known existing legal right, advantage, benefit, claim, or privilege, which except for such waiver the party would have
Public Finance Corp. of Lafayette v. Vice 177 So. 2d 315 La. Ct. App. 1st Cir. 1965
support defendants’ second contention that by failure to amend the petition plaintiff has abandoned or waived any right he had to proceed against the defendants.
Burnett v. Burnett 170 So. 2d 404 La. Ct. App. 1st Cir. 1965
Successions of Hilton 165 So. 2d 332 La. Ct. App. 1st Cir. 1964
State Farm Mutual Automobile Insurance v. Ray 161 So. 2d 148 La. Ct. App. 1st Cir. 1964
Allen v. Commercial National Bank in Shreveport 147 So. 2d 865 La. 1962
Santangelo v. North River Insurance 144 So. 2d 212 La. Ct. App. 1st Cir. 1962
Counsel for defendant on appeal has raised this question and submits that the best evidence of medical findings and treatment is the testimony of the medical witness and not his written report and the report cannot be admitted into evidence over the objection of opposing counsel, , .
Campbell v. Thomas 140 So. 2d 163 La. Ct. App. 1st Cir. 1962
McAndrews v. Roy 131 So. 2d 256 La. Ct. App. 1st Cir. 1961
See Code of Practice, Articles 591, 592 and 888; also Ferguson v. Parr, La.App., , .
McKnight v. Scott 130 So. 2d 681 La. Ct. App. 1st Cir. 1961
Jones v. Standard Life & Accident Insurance Company 129 So. 2d 84 La. Ct. App. 3d Cir. 1961
Justice Simon concisely stated the current concept of amending pleadings, to-wit: "It is well settled in our jurisprudence that amendments to pleadings should be permitted where they tend to further justice, cause no injury and are without prejudice to the right of the other party.
Farthing v. Neely 129 So. 2d 224 La. Ct. App. 3d Cir. 1961
Sutherlin Sales Co. v. UNITED MOST WORSHIPFUL, ETC. 127 So. 2d 253 La. Ct. App. 4th Cir. 1961
* * *" [6] Breaux v. Laird, 1956, , ; Murff v. Murff, La.App.
Erath Sugar Company v. Broussard 125 So. 2d 776 La. 1961