Cited by
Opinions in Louisiana that cite Canter v. Koehring Company, 283 So. 2d 716.
- Di Marco's Freeman Shoes v. Milgram Kagan Texas, Inc. 519 So. 2d 203 La. Ct. App. 1st Cir. 1987
- Vanzant v. New Orleans Public Service 517 So. 2d 1252 La. Ct. App. 4th Cir. 1987
- Grubb v. Employer's Mutual Liability Insurance Co. 518 So. 2d 1 La. Ct. App. 1st Cir. 1987
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Progressive State Bank & Trust Co. v. Stutts
516 So. 2d 1207
La. Ct. App. 2d Cir. 1987
Davis v. Winningham Datsun-Volvo, Inc., 493 So.
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Kobuszewski v. Scriber
518 So. 2d 524
La. Ct. App. 2d Cir. 1987
1978), on remand , writ denied
- Williams v. American Crescent Elevator 518 So. 2d 1091 La. Ct. App. 4th Cir. 1987
- Schwamb v. Delta Air Lines, Inc. 516 So. 2d 452 La. Ct. App. 1st Cir. 1987
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Perro v. State
517 So. 2d 258
La. Ct. App. 1st Cir. 1987
This court must give great weight to the factual conclusions reached by the trial court, and may not substitute its own evaluations and inferences, for the reasonable evaluations and inferences of the trier of fact, unless those conclusions are clearly erroneous.
- Hemphill-Kunstler-Buhler, Auctioneers & Appraisers v. Davis Wholesale Electronics Supply Co. 516 So. 2d 402 La. Ct. App. 1st Cir. 1987
- Ernestine v. Baker 515 So. 2d 826 La. Ct. App. 5th Cir. 1987
- Todd v. LeBlanc 520 So. 2d 833 La. Ct. App. 1st Cir. 1987
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Kitchen v. Malvon Construction Co.
520 So. 2d 799
La. Ct. App. 3d Cir. 1987
For these reasons, the plaintiff’s suit is dismissed at his costs, as to all defendants.” STANDARD OF REVIEW At the outset, : “When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a rea *803 sonable factual basis for the trial court’s finding, on review the appellate court should not disturb this factual finding in the absence of manifest error.
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McNery v. Signs Horizon, Inc.
520 So. 2d 953
La. Ct. App. 1st Cir. 1987
As this case is entirely a question of fact, “Did Floyd R. McNery own any stock in Signs Horizon, Inc. and if so, was that stock of value?”
- Trahan v. Gerber Food Products, Inc. 520 So. 2d 956 La. Ct. App. 3d Cir. 1987
- Clark v. State Farm Ins. Co. 520 So. 2d 860 La. Ct. App. 3d Cir. 1987
- Richards v. LaCour 515 So. 2d 813 La. Ct. App. 3d Cir. 1987
- Silliker v. St. Landry Police Jury 520 So. 2d 880 La. Ct. App. 3d Cir. 1987
- Ivey v. Housing Authority of City of Mansfield 514 So. 2d 661 La. Ct. App. 2d Cir. 1987
- Communications Workers of America Local 10414 v. Peters 514 So. 2d 725 La. Ct. App. 2d Cir. 1987
- Laughlin v. Breaux 515 So. 2d 480 La. Ct. App. 1st Cir. 1987
- State ex rel. Department of Health and Human Resources v. Hinton 515 So. 2d 566 La. Ct. App. 1st Cir. 1987
- McMillan v. Bank of the South 514 So. 2d 227 La. Ct. App. 1st Cir. 1987
- Webster v. Terrebonne Parish Council 515 So. 2d 461 La. Ct. App. 1st Cir. 1987
- STATE THROUGH DEPT. OF HHR v. Hinton 515 So. 2d 566 La. Ct. App. 1st Cir. 1987
- Price v. CORPUS ENGINEERING ASSOCIATES 515 So. 2d 589 La. Ct. App. 1st Cir. 1987
- Milly v. ADF Services of Louisiana, Inc. 514 So. 2d 630 La. Ct. App. 1st Cir. 1987
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Mini Togs Products, Inc. v. Wallace
513 So. 2d 867
La. Ct. App. 2d Cir. 1987
Caldwell v. Texas Industries, Inc., (La.App.
- Youngblood v. Sanders 513 So. 2d 521 La. Ct. App. 2d Cir. 1987
- Virgil v. American Guarantee & Liability Insurance Co. 512 So. 2d 1235 La. Ct. App. 1st Cir. 1987
- Succession of Mitcham 513 So. 2d 345 La. Ct. App. 1st Cir. 1987
- Ellison v. Michelli 513 So. 2d 336 La. Ct. App. 4th Cir. 1987
- Canada v. Myers 511 So. 2d 1223 La. Ct. App. 2d Cir. 1987
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Allen v. Louisiana-Pacific Corporation
512 So. 2d 556
La. Ct. App. 3d Cir. 1987
However, our Supreme Court in a recent decision, Larry Joe Virgil v. American Guaranty and Liability Insurance Company, et al., and held: "The court of appeal erred in holding that the manifest error standard of appellate review does not apply when the evidence before the trier of fact consists solely of written reports, records and depositions.
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Miller v. East Baton Rouge Parish Sheriff's Dept.
511 So. 2d 446
La. 1987
Ryland v. Taylor, Porter, Brooks & Phillips, (La.App.
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Pogo Producing Co. v. United Gas Pipe Line Co.
511 So. 2d 809
La. Ct. App. 4th Cir. 1987
In that case, the Supreme Court reiterated, that a Trial Judge's capacity to evaluate live witnesses is not the only reason for the manifest error rule.
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Narcisse v. Employers Ins. of Wausau
510 So. 2d 1328
La. Ct. App. 3d Cir. 1987
that: "When there is evidence before the trier of fact which, upon its reasonable *1332 evaluation of credibility, furnishes a reasonable factual basis for the trial court's finding, on review the appellate court should not disturb this factual finding in the absence of manifest error.
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Dear v. Blue Cross of Louisiana
511 So. 2d 73
La. Ct. App. 3d Cir. 1987
governs our evaluation of the trial record, whether it consists of live testimony, written reports, records, depositions or a combination of these.
- Wells v. Allstate Ins. Co. 510 So. 2d 763 La. Ct. App. 1st Cir. 1987
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Joseph v. Ford Motor Co.
509 So. 2d 1
La. 1987
-28 (La.1973); -22 (La.App.
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Walsh Bros. v. Celeron Corp.
510 So. 2d 1282
La. Ct. App. 3d Cir. 1987
are applicable to the present case.
- McAuliffe v. Cashio 508 So. 2d 1028 La. Ct. App. 1st Cir. 1987
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Ingram v. Caterpillar Machinery Corp.
510 So. 2d 741
La. Ct. App. 1st Cir. 1987
The test to be applied by an appellate court in reviewing a as follows: When there is evidence before the trier of fact which, upon its reasonable evalúa *743 tion of credibility, furnishes a reasonable factual basis for the trial court’s finding, on review the appellate court should not disturb this factual finding in the absence of manifest error.
- Gravity Drainage District 2 v. Vallee 512 So. 2d 473 La. Ct. App. 3d Cir. 1987
- Fleckinger v. Jefferson Parish Council 510 So. 2d 429 La. Ct. App. 1st Cir. 1987
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De Francesch v. R. PETERSON AND ASSOCIATES INS.
508 So. 2d 1014
La. Ct. App. 5th Cir. 1987
the Louisiana Supreme Court held that: [w]hen there is evidence before the trier of fact which upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court's finding, on review the appellate court should not disturb this factual finding in the absence of manifest er
- Louisiana Power & Light Co. v. United Gas Pipe Line Co. 518 So. 2d 1050 La. Ct. App. 4th Cir. 1987
- F.W.F. Co. v. City of Gretna 508 So. 2d 897 La. Ct. App. 1st Cir. 1987
- LeBlanc v. Cox 508 So. 2d 885 La. Ct. App. 1st Cir. 1987
- Virgil v. American Guar. & Liability Ins. 507 So. 2d 825 La. 1987
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Recard v. Trinity Universal Ins. Co.
503 So. 2d 519
La. Ct. App. 3d Cir. 1987
We, therefore, conclude that the rationale of Thornton v. Moran, supra