Cited by
Opinions in Louisiana that cite Tullier v. Tullier, 464 So. 2d 278.
- Yachet McLauren Versus Carmiko Dixon McLauren La. Ct. App. 5th Cir. 2025
- Thomas Handy, Jr. Versus The Parish of Jefferson La. Ct. App. 5th Cir. 2020
-
Estate of Hebert D. Goss, Jr., AKA Charles Goss v. Estate of Bette Marie Beeson Goos
La. Ct. App. 3d Cir. 2016
he double declaration rule” which had provided an unrebuttable presumption that immovable property conveyed to a husband during his marriage was community property “unless there is contained in the act of acquisition a double declaration that the property was acquired with funds belonging to the husband separately and that it was being acquired for his individual estate.” (La.
-
Estate of Goss v. Estate of Goss
187 So. 3d 570
La. Ct. App. 1st Cir. 2016
ed the double declaration rule” which had provided an unrebuttable presumption that immovable property conveyed to a husband during his marriage was community property “unless there is contained in the act of acquisition a double declaration that the property was acquired with funds belonging to the husband separately and that it was being acquired for his individual estate.”
- Church Mutual Insurance Co. v. Dardar 145 So. 3d 271 La. 2014
-
In re Office of Chief Justice, Louisiana Supreme Court
101 So. 3d 9
La. 2012
provisions into statutes where the legislature has chosen not to do so.”); (“The judicial branch of government merely interprets ...
- In Re Succession of Firmin 38 So. 3d 445 La. Ct. App. 1st Cir. 2010
-
Sanders v. Sanders
961 So. 2d 464
La. Ct. App. 1st Cir. 2007
“The party asserting the separate nature of the property acquired during the marriage has the burden of overcoming a strong presumption in favor of the community.”
- Succession of Andrew M. Moore La. Ct. App. 3d Cir. 2006
- Succession of Moore 946 So. 2d 700 La. Ct. App. 1st Cir. 2006
- In Re Succession of Hebert 887 So. 2d 98 La. Ct. App. 1st Cir. 2004
- Talbot v. Talbot 864 So. 2d 590 La. 2003
- Hano v. Latino 868 So. 2d 61 La. Ct. App. 1st Cir. 2003
-
State Civil Service Commission v. Director of the Department of Public Safety
849 So. 2d 602
La. Ct. App. 1st Cir. 2003
While it is undeniably true that “[t]he decisions of our state courts do not create or eliminate substantive rights as this is the proper function of the legislature,” when this court interprets legislative acts, it is giving meaning in particular cases to what the legislature has enacted as law; it is saying what the law is.
- Marmino v. City of Crowley 829 So. 2d 1117 La. Ct. App. 3d Cir. 2002
-
Bourgeois v. AP Green Industries, Inc.
783 So. 2d 1251
La. 2001
While it is undeniably true that "[t]he decisions of our state courts do not create or eliminate substantive rights as this is the proper function of the legislature," when this court interprets legislative acts, it is giving meaning in particular cases to what the legislature has enacted as law; it is saying what the law is.
- Morgan v. ABC MANUFACTURER 710 So. 2d 1077 La. 1998
- Purcell v. Purcell 697 So. 2d 728 La. Ct. App. 2d Cir. 1997
- Harvey v. Amoco Production Co. 696 So. 2d 672 La. Ct. App. 1st Cir. 1997
- Major v. Major 671 So. 2d 571 La. Ct. App. 4th Cir. 1996
- Russell v. Smith 671 So. 2d 356 La. Ct. App. 1st Cir. 1995
- Albert v. Albert 625 So. 2d 765 La. Ct. App. 1st Cir. 1993
- Harvey v. Amoco Production Co. 620 So. 2d 401 La. Ct. App. 1st Cir. 1993
-
St. Paul Fire & Marine Ins. Co. v. Smith
609 So. 2d 809
La. 1992
Lavespere v. Niagara Machine & Tool Works, Inc., 910 F.2d 167 , 183 n. 83, reh'g denied, 920 F.2d 259 (5th Cir.1990) (-83 (La.1985)); see also Beary v. City of Rye, 44 N.Y.2d 398 , 406 N.Y.S.2d 9 , 12-13, 377 N.E.2d 453 , 457 (1978).
-
Reeves v. Reeves
607 So. 2d 626
La. Ct. App. 2d Cir. 1992
The party asserting the separate nature of the property acquired during the marriage has the burden of overcoming a strong presumption in favor of the community.
- Succession of Dove 597 So. 2d 1265 La. Ct. App. 1st Cir. 1992
- Hinckley v. Hinckley 583 So. 2d 125 La. Ct. App. 4th Cir. 1991
- Mailhes v. Mailhes 579 So. 2d 1003 La. Ct. App. 1st Cir. 1991
- Luffey v. Luffey 572 So. 2d 1045 La. Ct. App. 2d Cir. 1990
- Dance v. Dance 552 So. 2d 658 La. Ct. App. 2d Cir. 1989
- Bernardi v. Bernardi 551 So. 2d 678 La. Ct. App. 5th Cir. 1989
- Burford v. Burford 541 So. 2d 341 La. Ct. App. 2d Cir. 1989
- Allen v. Allen 539 So. 2d 820 La. Ct. App. 3d Cir. 1989
- Camel v. Waller 526 So. 2d 1086 La. 1988
-
Guarisco v. Guarisco
526 So. 2d 1126
La. Ct. App. 1st Cir. 1988
It is well established that as a general rule, a law can prescribe only for the future, Louisiana Civil Code Article 8; and cannot be applied retroactively so as to impair obligations or divest or impair vested rights.
-
Guarisco v. Guarisco
526 So. 2d 1126
La. Ct. App. 1st Cir. 1988
It is well established that as a general rule, a law can prescribe only for the future, Louisiana Civil Code Article 8; and cannot be applied retroactively so as to impair obligations or divest or impair vested rights.
- Burrell v. Burrell 518 So. 2d 569 La. Ct. App. 4th Cir. 1987
-
Crawford v. Midwest Steel Co., Inc.
517 So. 2d 918
La. Ct. App. 3d Cir. 1987
La.Civ.Code art. 1 (1870).
- Succession of Erbelding 509 So. 2d 568 La. Ct. App. 3d Cir. 1987
- Babin v. Saturn Engineering Corp. 501 So. 2d 857 La. Ct. App. 5th Cir. 1987
- Levraea v. Franchina 499 So. 2d 264 La. Ct. App. 1st Cir. 1986
- Succession of Davis 496 So. 2d 549 La. Ct. App. 1st Cir. 1986
- Gulf Federal Savings Bank v. Zoblotsky 496 So. 2d 1247 La. Ct. App. 1st Cir. 1986
-
Werner v. Department of Police
487 So. 2d 598
La. Ct. App. 4th Cir. 1986
In discussing the issue of the retroactive application of laws, the Louisiana Supreme Court, at 282 (La., 1985) stated: As a general rule in Louisiana, a law can proscribe only for the future.
- Lambert v. Lambert 480 So. 2d 784 La. Ct. App. 3d Cir. 1985
- Matter of Succession of Lindsey 477 So. 2d 148 La. Ct. App. 1st Cir. 1985
-
Cahn v. Cahn
468 So. 2d 1176
La. 1985
Ardoin v. Hartford Accident & Indemnity Co., General Motors Acceptance Corp. v. Anzelmo, 222 La.