Cited by

Opinions in Louisiana that cite Johnson v. Welsh, 334 So. 2d 395.

91 citing documents.

In Re: Kristen Nicole Dennis and Jessica Falcon Dennis Applying for Intrafamily Adoption of J.K.D. La. Ct. App. 2d Cir. 2024
Likewise, “a litigant who fails to plead the unconstitutionality of a statute in the trial court cannot raise the constitutional issue in the appellate court.” (La.
First Heritage Credit of Louisiana, LLC v. Ladarrien Griffin La. Ct. App. 3d Cir. 2023
-397 (La.1976); State ex rel.
Mayor-President Sharon Weston Broome, Lewis O. Unglesby, and M.E. Cormier v. Chris Rials and Norman Browning, Organizers of … La. Ct. App. 1st Cir. 2023
Lafayette City-Parish Consolidated Gov. v. Bendel Partnership (A Partnership in Commendam) La. Ct. App. 3d Cir. 2022
Brittany M. Boquet v. Nicole L. Boquet La. Ct. App. 3d Cir. 2019
the Louisiana Supreme Court stated, “[i]t is well settled that all laws are presumed to be constitutional until the contrary is made to appear, and that as a general rule a litigant cannot raise the unconstitutionality of a statute unless its unconstitutionality is specially pleaded and the grounds
Boquet v. Boquet 269 So. 3d 895 La. Ct. App. 1st Cir. 2019
We decline to address these assignments of error as they are not properly before us. In Johnson v. Welsh , , 396 (La.1976), the Louisiana Supreme Court stated, "[i]t is well settled that all laws are presumed to be constitutional until the contrary is made to appear, and that as a general rule a litigant cannot raise the unconstitutionality of a statute unless its unconstitutionality is specially pleaded and the grounds pa
David Carver v. Louisiana Department of Public Safety 239 So. 3d 226 La. 2018
BRYANT GEORGE, M.D. VERSUS 2010-6004 CHRISTUS HEALTH SOUTHWESTERN LOUISIANA Consolidated With BRYANT GEORGE, M.D. VERSUS 2011-2211 CHRISTUS HEALTH … La. Ct. App. 3d Cir. 2016
In reaching this conclusion, we recognize that “as a general rule a litigant cannot raise the unconstitutionality of a statute unless its unconstitutionality is specially pleaded and the grounds particularized.”
George v. Christus Health Southwestern Louisiana 203 So. 3d 541 La. Ct. App. 1st Cir. 2016
In reaching this conclusion, we recognize that “as a general rule a litigant cannot raise the unconstitutionality of a statute unless its unconstitutionality is specially pleaded and the grounds particularized.”
Asi Management, LLC v. Advantage Ford, Inc. 999 So. 2d 66 La. Ct. App. 4th Cir. 2008
Susan Arrington, Etc. v. Er Physicians Group, Apmc La. Ct. App. 3d Cir. 2006
[and] [t]his presumption continues until the party challenging the act’s constitutionality establishes that it contravenes some provision of the state or federal constitution.” Everhardt v. City of New Orleans, 253 La.
Arrington v. ER PHYSICIANS GROUP, APMC. 940 So. 2d 777 La. Ct. App. 3d Cir. 2006
Everhardt v. City of New Orleans, 253 La.
Springer v. Louisiana Board of Registration 929 So. 2d 152 La. Ct. App. 1st Cir. 2006
4th Cir.1982) *155 (rejecting conduct of petitioner’s own attorney as basis for nullity action); (rejecting inaction of defendant’s attorney as a basis for setting aside judgment of default).
LOUISIANA ASSESSORS'RETIREMENT FUND v. City of New Orleans 864 So. 2d 200 La. 2004
Vallo v. Gayle Oil Co., 94-1238 at p. 8 (La.11/30/94), ; -397 (La.1976); Summerell v. Phillips, 258 La.
David v. Our Lady of the Lake Hosp., Inc. 849 So. 2d 38 La. 2003
-397 (La.1976) (constitutionality of statute not attacked by trial court pleadings prevents court of appeal from passing on the issue; the question of constitutionality was not before the court of appeal or before the supreme court).
East Baton Rouge Parish Sch. Bd. v. Foster 851 So. 2d 985 La. 2003
Mosing v. Domas 830 So. 2d 967 La. 2002
Vallo v. Gayle Oil Co., Inc., 646 So.2d at 864-865 ; -397 (La.1976).
Boutte v. Jefferson Parish Hosp. Serv. 759 So. 2d 45 La. 2000
School, 95-0157 (La.10/16/95), ; Vallo v. Gayle Oil Co., Inc., 94-1238 (La.11/30/94), ; Taylor v. *51 Giddens, Becker v. Allstate Ins.
Liner v. Daughters of Charity of St. Vincent DePaul, Inc. 753 So. 2d 336 La. Ct. App. 1st Cir. 2000
Chinn v. Mitchell 734 So. 2d 1263 La. Ct. App. 1st Cir. 1999
-397 (La.1976); State ex rel.
Williams v. Jackson Parish Hosp. 729 So. 2d 620 La. Ct. App. 2d Cir. 1999
See Vallo v. Gayle Oil Co., Inc., *624
Williams v. State, Dept. of Health and Hospitals 703 So. 2d 579 La. 1997
Accord Vallo v. Gayle Oil Co., Inc.
Williams v. State, Dept. of Health & Hospitals 671 So. 2d 899 La. 1996
See Vallo v. *902 Gayle Oil Co., Inc.
Marler v. Petty 653 So. 2d 1167 La. 1995
Chamberlain v. State, Through the Department of Transportation and Development
Caddo Parish Fire Districts v. Clingan 649 So. 2d 156 La. Ct. App. 2d Cir. 1995
Summerell v. Phillips, 258 La.
Vallo v. Gayle Oil Co., Inc. 646 So. 2d 859 La. 1994
-397 (La.1976); State ex rel.
Craig v. Scandia, Inc. 634 So. 2d 944 La. Ct. App. 2d Cir. 1994
Bueto v. Video Gaming Div. 637 So. 2d 544 La. Ct. App. 1st Cir. 1994
Carter v. Connick 623 So. 2d 670 La. Ct. App. 1st Cir. 1993
44:32 “in its present form, is unconstitutionally contradictory, ambiguous and unenforceable.” The constitutionality of a statute must first be questioned in the trial court
Injury Hotline v. Houck 621 So. 2d 127 La. Ct. App. 2d Cir. 1993
Brown v. Williams, supra; (La.App.
Hillman v. Akins 614 So. 2d 234 La. Ct. App. 3d Cir. 1993
City of Kenner v. Southeast Equipment Co. 611 So. 2d 785 La. Ct. App. 1st Cir. 1992
Summerell v. Phillips, [ 258 La.
State v. Albritton 610 So. 2d 209 La. Ct. App. 3d Cir. 1992
Bergeron v. Blake Drilling & Workover Co., Inc. 599 So. 2d 827 La. Ct. App. 1st Cir. 1992
[7] the court stated: It is well settled that all laws presumed to be constitutional until the contrary is made to appear, and that as a general rule a litigant cannot raise the unconstitutionality of a statute unless its unconstitutionality is specially pleaded and the grounds particularized.
In Re RWT Applying for Adoption of JD 594 So. 2d 1383 La. Ct. App. 2d Cir. 1992
In re R.W.T. 594 So. 2d 1383 La. Ct. App. 2d Cir. 1992
Brown v. Williams 587 So. 2d 732 La. Ct. App. 2d Cir. 1991
Davis v. Franklin Parish Sch.
Thomson v. State 564 So. 2d 756 La. Ct. App. 2d Cir. 1990
Haik v. Haik 557 So. 2d 453 La. Ct. App. 1st Cir. 1990
Home Savings & Loan Ass'n v. McCuin 557 So. 2d 290 La. Ct. App. 4th Cir. 1990
In re Medical Review Panel of Howard 554 So. 2d 87 La. Ct. App. 1st Cir. 1989
Stephens v. Stephens 544 So. 2d 393 La. 1989
Firmature v. Tommasi 533 So. 2d 1326 La. Ct. App. 3d Cir. 1988
Golden v. Slack 524 So. 2d 175 La. Ct. App. 4th Cir. 1988
Wong v. East Baton Rouge Parish Sheriff's Office 522 So. 2d 1134 La. Ct. App. 1st Cir. 1988
In his supplemental brief before the five-judge panel of this court, Wong "concedes that constitutional grounds were not raised before the trial court, and therefore cannot be considered by this Court on appeal"
Lognion v. Calcasieu Parish Police Jury 503 So. 2d 1092 La. Ct. App. 3d Cir. 1987
City of Baton Rouge v. Stauffer Chemical Co. 500 So. 2d 397 La. 1987
[7] The City-Parish argues that the issue of the unconstitutionality of the various laws is not before this court because that issue was not properly raised in the district court, citing Lemire v. New Orleans Public Service, Inc., for the proposition that the assertion of unconstitutionality must be pleaded prior to the conclusion of the action in the trial court.
Faustina Pipe Line Co. v. Romero 499 So. 2d 1009 La. Ct. App. 3d Cir. 1986
and cases cited therein.
McLean v. Hunter 486 So. 2d 816 La. Ct. App. 1st Cir. 1986
Summerell v. Phillips, 258 La.587, (1971).
Kugle v. Hennessy 480 So. 2d 849 La. Ct. App. 2d Cir. 1985
the defendant, after being personally served, engaged an attorney to defend him in the litigation; however, the attorney failed to answer the petition and plaintiff obtained a default judgment.