Cited by

Opinions in Louisiana that cite Succession of Clivens, 426 So. 2d 585.

64 citing documents.

Windward Land, LLC and Michael Morris Gulley versus Mary Lee Mann and William Lamont Frazier, Alvin Edwards and … La. Ct. App. 2d Cir. 2025
Graphic Packaging International, LLC v. ARCO National Construction Company, LLC La. Ct. App. 2d Cir. 2024
Retroactivity “[U]nless a decision specifies otherwise, it is to be given prospective and retroactive effect.” (La.
Mid-City Automotive, L.L.C. v. State of Louisiana, The Department of Public Safety & Corrections Office of State Police La. Ct. App. 1st Cir. 2022
Mid-City Automotive, L.L.C. v. State of Louisiana, The Department of Public Safety & Corrections Office of State Police La. Ct. App. 1st Cir. 2022
John M. Byrd, Eugene Moore, Chris Navarro and Joseph Michael Williams v. State of Louisiana, through the Department … La. Ct. App. 2d Cir. 2020
2d 1216, 1219: [A]s a general rule, a court decision “operates both prospectively and retrospectively, except that it will not be permitted to disturb vested rights.” The court restated that principle in in which it held “[g]enerally, unless a decision specifies otherwise, it is given both retrospective and prospective effect.” (Emphasis in original).
Louisiana Capital Assistance Center v. Dinvaut 207 So. 3d 1187 La. Ct. App. 1st Cir. 2016
Succession of Byrd 142 So. 3d 1058 La. Ct. App. 2d Cir. 2014
Succession of Matthews 145 So. 3d 1039 La. Ct. App. 1st Cir. 2014
(1982) (on rehearing); (La.App.
Bozeman v. UNION CARBIDE CORPORATION 70 So. 3d 169 La. Ct. App. 2d Cir. 2011
The rule on retroactivity of judicial opinions can be found in at 594 (La.1982), wherein *172 the Louisiana Supreme Court determined that “unless a decision specifies otherwise, it is to be given prospective and retroactive effect.” Here, Rando was silent on whether it was to be applied retroactively.
SUCCESSION OF Jim HERNDON 36 So. 3d 434 La. Ct. App. 2d Cir. 2010
Fountain v. LaVigne 980 So. 2d 136 La. Ct. App. 4th Cir. 2008
Generally stated, the rule on retroactivity of judicial opinions is found in at 594.
Bush v. National Health Care of Leesville 939 So. 2d 1216 La. 2006
The court restated that principle in in which it held "[g]enerally, unless a decision specifies otherwise, it is given both retrospective and prospective effect."
State v. Williams 930 So. 2d 203 La. Ct. App. 2d Cir. 2006
McConnell v. Dorsey 931 So. 2d 405 La. Ct. App. 2d Cir. 2006
Caldwell Wholesale Co. v. Smith 916 So. 2d 1255 La. Ct. App. 2d Cir. 2005
Young v. Christus Schumpert Medical Center 902 So. 2d 1180 La. Ct. App. 2d Cir. 2005
Cheron v. LCS Corrections Services, Inc. 872 So. 2d 1094 La. Ct. App. 1st Cir. 2004
Sherman v. Touro Infirmary Hospital 832 So. 2d 334 La. Ct. App. 1st Cir. 2002
594 (La.1983) (on original hearing and rehearing); cert.
Deville v. Technical Resource 799 So. 2d 800 La. Ct. App. 1st Cir. 2001
For guidance, we look to a decisive case on the inheritance rights of illegitimate children.
Marmer v. Queen of New Orleans 787 So. 2d 1115 La. Ct. App. 4th Cir. 2001
74 , 78 L.Ed.2d 86 (1983); Succession of Clivens, (on rehearing)
Abadie v. Metropolitan Life Ins. Co. 784 So. 2d 46 La. Ct. App. 5th Cir. 2001
Succession of Young 732 So. 2d 833 La. Ct. App. 1st Cir. 1999
1st Cir.), writ denied, n. 8 (La.1982) (on rehearing).
Sudwischer v. Estate of Huffpauir 705 So. 2d 724 La. 1997
Osborne v. Vulcan Foundry, Inc. 699 So. 2d 492 La. Ct. App. 4th Cir. 1997
See generally, (new case law traditionally has prospective and retroactive effect).
Wheeler v. Louisiana Department of Transportation & Development 675 So. 2d 788 La. Ct. App. 1st Cir. 1996
Magee v. Landrieu 653 So. 2d 62 La. Ct. App. 1st Cir. 1995
Succession of Marshall 638 So. 2d 272 La. Ct. App. 1st Cir. 1994
Thereafter, the IsLouisiana Supreme Court, in on rehearing, determined that the Brown decision is to be retroactively applied to the effective date of the 1974 Louisiana Constitution, i.e., January 1, 1975.
Succession of Lauga 624 So. 2d 1156 La. 1993
*1170 This court recognized in (Calogero, J., on rehearing), that Article XII, § 5 of the 1974 Louisiana Constitution continues the guarantee to every child of the individual right of an equal share in a forced portion of his or her decedent's estate: "Because of the unique nature of Louisiana succession law, which constitutionally r
Talley v. Succession of Stuckey 614 So. 2d 55 La. 1993
-97 (La.1983) (on rehearing).
Tenneco Oil Co. v. Hines 535 So. 2d 855 La. Ct. App. 2d Cir. 1988
Mayfield v. Mayfield 511 So. 2d 1285 La. Ct. App. 2d Cir. 1987
Hutson v. Madison Parish Police Jury 496 So. 2d 360 La. Ct. App. 2d Cir. 1986
Griffin v. SUCCESSION OF BRANCH EX REL. SMITH 480 So. 2d 313 La. 1986
The language in relied on in footnote one of the court's opinion is dicta totally unnecessary to that decision.
Griffin v. SUCCESSION OF BRANCH EX REL. SMITH 479 So. 2d 324 La. 1985
Succession of Bartie 472 So. 2d 578 La. 1985
After trial on the merits, [2] the trial court, relying on this Court's decisions in and Succession of Clivens, On Rehearing, ruled that La.C.C.
Minor v. Robertson 461 So. 2d 509 La. Ct. App. 1st Cir. 1984
The trial court based its decision on and
In Re Succession of Gordon 461 So. 2d 357 La. Ct. App. 2d Cir. 1984
The children of the decedent and Elizabeth, as illegitimates, were not entitled to inherit any of decedent's property under the authority of and
Succession of Landry 460 So. 2d 29 La. Ct. App. 1st Cir. 1984
Appellant urges that this article provides additional remedies for illegitimate children and that therefore, the Louisiana Supreme Court's holding in on rehearing, that the would only be retroactive to January 1, 1975, is inapplicable to the instant suit.
Talbert v. Scott 451 So. 2d 1304 La. Ct. App. 1st Cir. 1984
(on rehearing); (La.App.
Jefferson v. Saragusa 454 So. 2d 150 La. Ct. App. 1st Cir. 1984
on rehearing, (La.1983).
Juneau v. Alexander 446 So. 2d 533 La. Ct. App. 1st Cir. 1984
Shorts v. Daniel 447 So. 2d 522 La. Ct. App. 2d Cir. 1984
Reed v. Missouri Pacific RR 446 So. 2d 831 La. Ct. App. 2d Cir. 1984
1982); Succession of Hawkins, 429 * (La.App.
Smith v. Stephens 443 So. 2d 11 La. Ct. App. 1st Cir. 1983
All of the defendants filed exceptions of no cause of action premised on the holdings of
Agee v. Bolton 438 So. 2d 709 La. Ct. App. 1st Cir. 1983
See Succession of Clivens (on rehearing)
BROWNLEE DEVELOPMENT CORP. v. Taylor 438 So. 2d 618 La. Ct. App. 2d Cir. 1983
Bedford v. Sanders 437 So. 2d 914 La. Ct. App. 2d Cir. 1983
See 41 LLR 372 (1981); 42 LLR 401 (1982); Theriot, supra.
Succession of Bartie v. Mouton 434 So. 2d 619 La. Ct. App. 1st Cir. 1983
In maintaining the exception of no cause of action, the trial judge relied on the decision of the Louisiana Supreme Court, on original hearing, in
Jordan v. Cosey 434 So. 2d 386 La. 1983
Davis v. Ardoin 435 So. 2d 473 La. Ct. App. 1st Cir. 1983
The Louisiana Supreme Court settled this issue in