Cited by
Opinions in Louisiana that cite Stobart v. State Through DOTD, 617 So. 2d 880.
- Lennard v. State Farm Mut. Auto. Ins. Co. 649 So. 2d 1114 La. Ct. App. 2d Cir. 1995
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Mistretta v. Shoney's, Inc.
650 So. 2d 301
La. Ct. App. 5th Cir. 1995
ANALYSIS It is well settled that a court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong.”
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Tabora v. City of Kenner
650 So. 2d 319
La. Ct. App. 5th Cir. 1995
In Stobart v. State, through DOTD, the court restated the principle that a factfinder's choice between two permissible views of the evidence "cannot be manifestly erroneous or clearly wrong;" the courts of appeal were instructed to give great, "even vast" deference t
- Leblanc v. Hughes 649 So. 2d 1063 La. Ct. App. 1st Cir. 1995
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Gaines v. Ryan's Family Steakhouse, Inc.
654 So. 2d 704
La. Ct. App. 1st Cir. 1994
We review the trial court’s findings in light of Stobart v. State, Department of Transportation and Development, at 882 (La.1993) wherein the court stated: A court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong.” ...
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King v. Gulf Coast Construction, Inc.
648 So. 2d 498
La. Ct. App. 1st Cir. 1994
E.G., Stobart v. State, Through Dept. of Transportation and Development
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Bradford v. Winn Dixie of Louisiana, Inc.
648 So. 2d 464
La. Ct. App. 1st Cir. 1994
Stobart v. State, Through Dept. of Transportation, -88 (La.1993).
- Andrus v. State Farm Mutual Automobile Insurance Co. 650 So. 2d 275 La. Ct. App. 1st Cir. 1994
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Fraser v. Ochsner Foundation Hosp.
648 So. 2d 1081
La. Ct. App. 5th Cir. 1994
and the cases cited therein.
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Locke v. Sheriff, Parish of Jefferson
694 So. 2d 257
La. Ct. App. 5th Cir. 1994
as follows: A court of appeal may not set aside a trial court's or a jury's finding of fact in the absence of "manifest error" or unless it is "clearly wrong."
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Tassin v. Golden Rule Ins. Co.
649 So. 2d 1050
La. Ct. App. 1st Cir. 1994
Stobart v. State, Department of Transportation *1055 and Development
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Odom v. Security Industrial Insurance Co.
649 So. 2d 37
La. Ct. App. 1st Cir. 1994
Stobart v. State, Through Department of Transportation and Development, n. 2 (La.
- Angeron v. Martin 649 So. 2d 40 La. Ct. App. 1st Cir. 1994
- Drury v. American Honda Motor Co., Inc. 659 So. 2d 738 La. Ct. App. 1st Cir. 1994
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Guidroz v. STATE, THROUGH DOTD
648 So. 2d 1361
La. Ct. App. 1st Cir. 1994
Stobart v. State, Department of Transportation and Development
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McCoy v. Monroe Timber Co.
647 So. 2d 1383
La. Ct. App. 1st Cir. 1994
The standard of review which we must apply in examining the actions of a trier of fact was most recently expounded upon by our supreme court in Stobart v. State, Through Department of Transportation and Development, -883 (La.1993), wherein the court stated: A court of appeal may not set aside a trial court’s or a jury’s finding of fact in the absence of “manifest error” or unless it is “clearly wrong.”
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Hawkins v. Ashuca Co.
649 So. 2d 766
La. Ct. App. 1st Cir. 1994
Stobart v. State, DOTD, (defining manifest error/clearly wrong doctrine).
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Creed v. Creed
647 So. 2d 1362
La. Ct. App. 3d Cir. 1994
See Stobart v. State, DOTD, (La.
- Bookman v. Ciolino 648 So. 2d 982 La. Ct. App. 1st Cir. 1994
- Brown v. Beauregard Elec. Co-Op., Inc. 647 So. 2d 668 La. Ct. App. 3d Cir. 1994
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Romaguera v. Piccadilly Cafeterias, Inc.
648 So. 2d 1000
La. Ct. App. 5th Cir. 1994
10, a case which involved the review of damages, that "the discretion vested in the trier of fact is `great,' and even vast," -83 (La.1993), which involved the standard of review of findings of fact, a "court of appeal may not set aside a trial court's or a jury's finding of fact in the absence of `manifest error' or unless it is `clearly wrong,'" and "where two permissible views of the evidence exist, the factfinder's choice between the
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Hines v. Remington Arms Co., Inc.
648 So. 2d 331
La. 1994
7/5/94); ; Stobart v. State, through DOTD, (La.
- Succession of Woodrow Wilson Melton 649 So. 2d 759 La. Ct. App. 1st Cir. 1994
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Soileau v. Matte
647 So. 2d 617
La. Ct. App. 1st Cir. 1994
See Stobart v. State, Through Department of Transportation and Development
- Alexander v. State, Dept. of Health & Hospitals 648 So. 2d 11 La. Ct. App. 1st Cir. 1994
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Cornish v. STATE, DEPT. OF TRANSP. AND DEVELOP. & DEV.
647 So. 2d 1170
La. Ct. App. 1st Cir. 1994
Stobart v. State, Through Department of Transportation and Development, n. 2 (La.1993).
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Penton v. SIEMENS ENERGY AND AUTOMATION
646 So. 2d 496
La. Ct. App. 4th Cir. 1994
See also Stobart v. State, Through Department of Transportation and Development, -83 (La.1993) (discussing clearly wrong/manifest error standard); (same).
- Girvan v. New Orleans Pub. Serv. Inc. 646 So. 2d 481 La. Ct. App. 4th Cir. 1994
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Welch v. Winn-Dixie Louisiana, Inc.
645 So. 2d 647
La. Ct. App. 1st Cir. 1994
[6] to review the record in its entirety to determine whether the trial court's finding was clearly wrong or manifestly erroneous.
- Maynor v. Vosburg 648 So. 2d 411 La. Ct. App. 2d Cir. 1994
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Bush v. Arrow International
646 So. 2d 1173
La. Ct. App. 1st Cir. 1994
Rosell, 549 So.2d at 844-45 .” Stobart v. State, Through DOTD, -83 (La.1993).
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Alleman v. Brownie Drilling Co.
647 So. 2d 371
La. Ct. App. 3d Cir. 1994
Stobart v. State, through DOTD, -83 (La.1993).
- Dupin v. Chambley 649 So. 2d 704 La. Ct. App. 1st Cir. 1994
- Richard v. Dupuis 649 So. 2d 718 La. Ct. App. 1st Cir. 1994
- Salley v. Salley 647 So. 2d 1164 La. Ct. App. 3d Cir. 1994
- Drury v. Kitchen 645 So. 2d 1286 La. Ct. App. 4th Cir. 1994
- Koepp v. Sea-Land Service, Inc. 645 So. 2d 1269 La. Ct. App. 4th Cir. 1994
- Schexnayder v. Perkins 646 So. 2d 1065 La. Ct. App. 1st Cir. 1994
- Vedros v. Massiha 646 So. 2d 1120 La. Ct. App. 1st Cir. 1994
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Thibodeaux v. USAA Cas. Ins. Co.
647 So. 2d 351
La. Ct. App. 1st Cir. 1994
Stobart v. State, Department of Transportation and Development
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American Lung Ass'n of Louisiana, Inc. v. State
645 So. 2d 1219
La. Ct. App. 1st Cir. 1994
Stobart v. State, Through Department of Transportation and Development, n. 2 (La.
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Putman v. Commercial Union Insurance
645 So. 2d 1250
La. Ct. App. 1st Cir. 1994
Stobart v. State, *1253 Department of Transportation and Development
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Caro v. Louisiana & Delta Railroad
646 So. 2d 435
La. Ct. App. 1st Cir. 1994
On factual questions, the standard of review set forth in Stobart v. State, Department of Development and Transportation, makes it clear that this court may not set aside a trial court’s finding unless we find from the record that a reasonable factual basis does not exist for the trial court’s ruling, and that the record establishes the finding is clearly wrong (manifestly erroneous).
- Barlow v. State Farm Mut. Auto. Ins. Co. 645 So. 2d 1256 La. Ct. App. 1st Cir. 1994
- Moran v. Harris 645 So. 2d 1244 La. Ct. App. 1st Cir. 1994
- VERMILION BAY v. Phillips Petroleum Co. 646 So. 2d 408 La. Ct. App. 4th Cir. 1994
- Randolph v. General Motors Corp. 646 So. 2d 1019 La. Ct. App. 1st Cir. 1994
- Davidson v. Shreveport Airport Authority 645 So. 2d 244 La. Ct. App. 2d Cir. 1994
- Adkins v. Burris Mill & Feed, Inc. 644 So. 2d 839 La. Ct. App. 1st Cir. 1994
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Porche v. Winn-Dixie Louisiana, Inc.
644 So. 2d 699
La. Ct. App. 1st Cir. 1994
The standard of review by an appellate court of the jury's findings is the "manifest error clearly wrong"