Cited by
Opinions in Louisiana that cite Canter v. Koehring Company, 283 So. 2d 716.
- Bourque v. Gulf Marine Transp., Inc. 480 So. 2d 337 La. Ct. App. 3d Cir. 1985
- Succession of Miller v. Moss 479 So. 2d 1035 La. Ct. App. 3d Cir. 1985
- Diodene v. Blueridge, Inc. 480 So. 2d 446 La. Ct. App. 1st Cir. 1985
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Barnett v. Duraso
479 So. 2d 675
La. Ct. App. 1st Cir. 1985
Arceneaux v. Domingue, supra.
- Dement v. International Paper Co. 479 So. 2d 993 La. Ct. App. 1st Cir. 1985
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Hanks v. Calcasieu Parish Police Jury
479 So. 2d 1010
La. Ct. App. 1st Cir. 1985
requires that: “When 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 error.
- Demars v. Luneau Mobile Home Sales, Inc. 479 So. 2d 1025 La. Ct. App. 1st Cir. 1985
- Ducote v. Luneau Mobile Home Sales, Inc. 479 So. 2d 1028 La. Ct. App. 1st Cir. 1985
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Fauria v. Doe
483 So. 2d 148
La. Ct. App. 1st Cir. 1985
the Supreme Court stated: “Preliminarily, however, we address ourselves to an error of appellate review of fact exhibited by the majority opinion: When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial c
- Pringle v. Williamson Chevrolet, Buick & Pontiac, Inc. 480 So. 2d 929 La. Ct. App. 2d Cir. 1985
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Dickerson v. Zurich-American Ins. Co.
479 So. 2d 571
La. Ct. App. 1st Cir. 1985
However, when the trial court relies upon depositions, and Arceneaux v. Domingue, supra , do not apply because the trial court is unable to observe the demeanor of the witness and the trial court is in no better position to assess credibility than the appellate court.
- Turner ex rel. Turner v. Rankins 479 So. 2d 404 La. Ct. App. 1st Cir. 1985
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Stablier v. Big T Welding Supply Co.
479 So. 2d 418
La. Ct. App. 1st Cir. 1985
On appeal, a “reviewing court must give great weight to the factual conclusions arrived at by the trier of fact, and reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed even though the appellate court may feel that its own evaluations and inferences are as reasonable.” Cadiere, 364 So.2d at 999
- Giles v. Giles 479 So. 2d 627 La. Ct. App. 1st Cir. 1985
- Achord v. K-Mart Corp. 479 So. 2d 425 La. Ct. App. 1st Cir. 1985
- Vallery v. STATE EX REL. DEPT. OF TRANSP. AND DEV. 480 So. 2d 818 La. Ct. App. 3d Cir. 1985
- Gill v. Doe 479 So. 2d 36 La. Ct. App. 4th Cir. 1985
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Hurst v. New Orleans Public Service, Inc.
478 So. 2d 1361
La. Ct. App. 1st Cir. 1985
The Louisiana Supreme Court has stated that: “When there is evidence before the trier fact, which, upon its reasonable evaluation of credibility, furnishes a reasonable basis for the trial court’s finding, on review the appellate court should not disturb the factual finding in absence of manifest error.”
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Pelican Electrical Contractors v. Williams
479 So. 2d 19
La. Ct. App. 1st Cir. 1985
the trial judge was best able to observe the demeanor of the witnesses and evaluate their credibility.
- Neumeyer v. Terral 478 So. 2d 1281 La. Ct. App. 5th Cir. 1985
- Farlow v. Roddy 478 So. 2d 953 La. Ct. App. 5th Cir. 1985
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Clakeley v. Ochsner Foundation Hosp.
478 So. 2d 1335
La. Ct. App. 5th Cir. 1985
ll settled that a reviewing court must give great weight of factual conclusions of the trier-of-fact, particularly when they involve a determination of the credibility of witnesses, thus a reviewing court should not disturb this factual finding in the absence of manifest error, Crochet, supra ; Calais v. Petroleum Helicopters, Inc.
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Miller v. United States Fidelity & Guaranty Co.
478 So. 2d 200
La. Ct. App. 1st Cir. 1985
Canter v. Koehring *203 Co., (La.App.
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Ray Chevrolet-Olds, Inc. v. Garbarino
479 So. 2d 374
La. Ct. App. 1st Cir. 1985
Such a : “the reviewing court must give great weight to factual conclusions of the trier of fact; where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of *377 fact should not be disturbed upon review, even though the appellate court may feel that its own evaluatio
- Remn Const. Corp. v. Keating 478 So. 2d 207 La. Ct. App. 3d Cir. 1985
- Jones v. State, Dept. of Transp. & Develop. 478 So. 2d 691 La. Ct. App. 3d Cir. 1985
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Finley v. Bass
478 So. 2d 608
La. Ct. App. 2d Cir. 1985
Arceneaux v. Domingue, supra.
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Andrus v. State, Dept. of Transp. and Dev.
476 So. 2d 1077
La. Ct. App. 3d Cir. 1985
Our duty in reviewing a trial court's findings, particularly where there is conflicting testimony, (La.
- Shell Oil Co. v. Pitman 476 So. 2d 1031 La. Ct. App. 3d Cir. 1985
- Pousson v. Pousson 476 So. 2d 1105 La. Ct. App. 1st Cir. 1985
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Davis v. Allstate Insurance Co.
476 So. 2d 1111
La. Ct. App. 1st Cir. 1985
: “When 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 *1113 finding, on review the appellate court should not disturb this factual finding in the absence of manifest error.
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Rubel v. West Jefferson General Hospital
477 So. 2d 838
La. Ct. App. 5th Cir. 1985
It is a well-settled principle of our law that findings of fact should not be disturbed on appeal in the absence of manifest error
- La. Ass'n of Educators v. Iberia Par. Sch. Bd. 476 So. 2d 1086 La. Ct. App. 3d Cir. 1985
- Walker v. Maybelline Co. 477 So. 2d 1136 La. Ct. App. 1st Cir. 1985
- Topole v. Eidson 476 So. 2d 518 La. Ct. App. 1st Cir. 1985
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Walker v. Insured Lloyds
477 So. 2d 1222
La. Ct. App. 1st Cir. 1985
In support of its position
- Matter of Succession of Lindsey 477 So. 2d 148 La. Ct. App. 1st Cir. 1985
- Cross v. Hingle 475 So. 2d 1384 La. Ct. App. 5th Cir. 1985
- Ryan v. State 477 So. 2d 110 La. Ct. App. 1st Cir. 1985
- Laborde v. Velsicol Chemical Corp. 474 So. 2d 1320 La. Ct. App. 3d Cir. 1985
- Longo v. Longo 474 So. 2d 500 La. Ct. App. 4th Cir. 1985
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Mushatt v. Barouise
474 So. 2d 511
La. Ct. App. 1st Cir. 1985
“When 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 error.”
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Turner v. Winn Dixie Louisiana, Inc.
474 So. 2d 966
La. Ct. App. 5th Cir. 1985
See also Elmwood Plantation, Inc. v. Ruud Water Heater, et al, The finding that Bowers and Hurst were aware of plaintiff's lawsuit places Winn Dixie squarely within the confines of R.S.
- Arteck Services, Inc. v. Crown Point Industries, Inc. 473 So. 2d 345 La. Ct. App. 1st Cir. 1985
- Hebert v. Domingue 473 So. 2d 120 La. Ct. App. 3d Cir. 1985
- Lachney v. Sentry Insurance Co. 471 So. 2d 1058 La. Ct. App. 1st Cir. 1985
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Moore v. Beauregard Parish Sheriff
471 So. 2d 1083
La. Ct. App. 1st Cir. 1985
: “When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a rea *1085 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.
- Standard Fittings Co. v. South Central Bell Telephone Co. 471 So. 2d 1144 La. Ct. App. 1st Cir. 1985
- Flagg Properties, Inc. v. South Louisiana Stud, Inc. 473 So. 2d 129 La. Ct. App. 1st Cir. 1985
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Harrington v. City of Abbeville
471 So. 2d 1160
La. Ct. App. 3d Cir. 1985
we do not disturb the lower court's finding of liability.