Cited by
Opinions in Louisiana that cite Stobart v. State Through DOTD, 617 So. 2d 880.
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Giddens v. USAA Property & Casualty Insurance Co.
644 So. 2d 827
La. Ct. App. 1st Cir. 1994
Stobart v. State, through Department of Transportation and Development
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Brown v. Automotive Cas. Ins. Co.
644 So. 2d 723
La. Ct. App. 1st Cir. 1994
Stobart v. State, Department of Transportation and Development
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Muscarello v. Ayo
644 So. 2d 846
La. Ct. App. 1st Cir. 1994
Stobart v. State, Through Department of Transportation and Development
- Harris v. Bronco Const. Co. 644 So. 2d 805 La. Ct. App. 1st Cir. 1994
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Williams v. Capitol Steel
644 So. 2d 705
La. Ct. App. 1st Cir. 1994
Patin v. Duplessis Pontiac-Buick-GMC Trucks, Inc., (La.App.
- Alessi v. Belanger 644 So. 2d 778 La. Ct. App. 1st Cir. 1994
- White v. STATE, DEPT. OF PUBLIC SAFETY & CORRECTIONS 644 So. 2d 684 La. Ct. App. 1st Cir. 1994
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Rivere v. Union Pacific R. Co.
647 So. 2d 1140
La. Ct. App. 1st Cir. 1994
Stobart v. State, Department of Transportation and Development
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Alford v. Environmental Monitoring
646 So. 2d 961
La. Ct. App. 1st Cir. 1994
In determining whether such a finding is manifestly erroneous, at 882-883 (La.
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Karam v. Missouri Pacific Railroad
643 So. 2d 451
La. Ct. App. 1st Cir. 1994
Stobart v. State of Louisiana, through DOTD, (La.
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Phelps v. White
645 So. 2d 698
La. Ct. App. 3d Cir. 1994
Stobart v. State, Department of Transportation and Development
- In Re HW 644 So. 2d 225 La. Ct. App. 4th Cir. 1994
- Band v. First Bankcard Center 644 So. 2d 211 La. Ct. App. 4th Cir. 1994
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Graham v. Georgia-Pacific Corp.
643 So. 2d 352
La. Ct. App. 2d Cir. 1994
Stobart v. State, through DOTD
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Rudd v. Atlas Processing Refinery
644 So. 2d 402
La. Ct. App. 2d Cir. 1994
most recently stated the standard of review: 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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Quick v. Murphy Oil Co.
643 So. 2d 1291
La. Ct. App. 4th Cir. 1994
Stobart v. State, Department of Transportation & Development, (La.
- Vernon v. Wade Correctional Institute 642 So. 2d 684 La. Ct. App. 2d Cir. 1994
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Bernard v. Great Atlantic & Pacific Tea Co.
645 So. 2d 1157
La. Ct. App. 1st Cir. 1994
More importantly, and since this case is designated for publication, I strongly disagree with the author’s characterization of the record and evidence presented in Stobart v. State, Through Department of Transportation and Development, (La.
- Choyce v. SISTERS 642 So. 2d 287 La. Ct. App. 2d Cir. 1994
- Edwards v. K & B, INC. 641 So. 2d 1040 La. Ct. App. 2d Cir. 1994
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Hamilton v. Kelley
641 So. 2d 981
La. Ct. App. 2d Cir. 1994
Stobart v. State of Louisiana, DOTD
- Lewis v. State 642 So. 2d 260 La. Ct. App. 2d Cir. 1994
- Greer v. State Farm Mutual Automobile Insurance Co. 641 So. 2d 1053 La. Ct. App. 1st Cir. 1994
- Horton v. State Farm Ins. Co. 641 So. 2d 993 La. Ct. App. 2d Cir. 1994
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McElwee v. McElwee
649 So. 2d 975
La. Ct. App. 1st Cir. 1994
Stobart v. State, Through Department of Transportation and Development, n. 2 (La.
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West Jefferson Levee D. v. Coast Quality
640 So. 2d 1258
La. 1994
This court recently reiterated the jurisprudential rules regarding the standard of review of factual findings in Stobart v. State Through Department of Transportation and *1278 Development
- Morris v. People's Bank & Trust Co. of Natchitoches 642 So. 2d 225 La. Ct. App. 3d Cir. 1994
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Nigreville v. Federated Rural Elec. Ins. Co.
642 So. 2d 216
La. Ct. App. 3d Cir. 1994
and most recently in Stobart v. State, through DOTD, (La.
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New Orleans Property Development, Ltd. v. Aetna Cas.
642 So. 2d 1312
La. Ct. App. 1st Cir. 1994
Stobart v. State, Department of Transportation and Development
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Ambrose v. New Orleans Police Amb. Serv.
639 So. 2d 216
La. 1994
Const. art. 5, § 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 *221 "where two permissible views of the evidence exists, the factfinder's choice betwe
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Theriot v. Lasseigne
640 So. 2d 1305
La. 1994
In order to reverse a factfinder's determinations of fact, an appellate court must review the record in its entirety and meet the following two-part test as set out by this court in Stobart v. State, Through DOTD, : 1) An appellate court must find from the record that a reasonable factual basis does not exist for the finding of the trial court, and 2) the appellate court must further determine that the record establishes that the factfinder is clearly wrong (manifestly erroneous).
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Meany v. Meany
639 So. 2d 229
La. 1994
( Arceneaux v. Domingue, *237 ).
- Turner v. Massiah 641 So. 2d 610 La. Ct. App. 5th Cir. 1994
- Gilchrist v. Ozone Spring Water Co. 639 So. 2d 489 La. Ct. App. 4th Cir. 1994
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Neyrey v. Touro Infirmary
639 So. 2d 1214
La. Ct. App. 4th Cir. 1994
Stobart v. State, Department of Transportation & Development
- Moore v. Gencorp, Inc. 641 So. 2d 592 La. Ct. App. 4th Cir. 1994
- DeRouen v. Audirsch 639 So. 2d 476 La. Ct. App. 2d Cir. 1994
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Orillion v. Carter
639 So. 2d 461
La. Ct. App. 1st Cir. 1994
Stobart v. State, Through Department of Transportation and Development
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Clark v. Lockhart
638 So. 2d 1189
La. Ct. App. 1st Cir. 1994
Stobart v. State, Department of Transportation and Development
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Farrill v. Hammond State School
639 So. 2d 449
La. Ct. App. 1st Cir. 1994
Stobart v. State, Department of Transportation and Development
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Comeaux v. Basin Marine, Inc.
640 So. 2d 833
La. Ct. App. 1st Cir. 1994
In Stobart v. State, Department of Transportation and Development, -83 (La.1993), the supreme court commented on the manifest error/clearly wrong standard as applied to factual findings based largely on the credibility of fact witnesses.
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Rhodes v. Winn-Dixie Louisiana, Inc.
638 So. 2d 1168
La. Ct. App. 1st Cir. 1994
The standard of review utilized in cases such as this is set forth in Stobart v. State of Louisiana, through Department of Transportation and Development, , (La.1993) at 882-883: 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.'
- Cochran v. American Advantage Mortg. Co. 638 So. 2d 1235 La. Ct. App. 1st Cir. 1994
- Chambers v. Graybiel 639 So. 2d 361 La. Ct. App. 2d Cir. 1994
- Cockerhem v. K & B Drugs, Inc. 639 So. 2d 414 La. Ct. App. 2d Cir. 1994
- Ball v. Bossier Rural Electric Membership Corp. 640 So. 2d 1382 La. Ct. App. 2d Cir. 1994
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Thomas v. Bryant
639 So. 2d 378
La. Ct. App. 2d Cir. 1994
Stobart v. State of Louisiana, through DOTD, (La.
- Mayo v. Nissan Motor Corp. 639 So. 2d 773 La. Ct. App. 3d Cir. 1994
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Harrison v. Myers
639 So. 2d 402
La. Ct. App. 2d Cir. 1994
Stobart v. State of Louisiana, DOTD, Dismuke v. Grambling State University, 25,482 (La.App.
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Fawer, Brian, Hardy & Zatzkis v. Howes
639 So. 2d 329
La. Ct. App. 4th Cir. 1994
Stobart v. State, Through Dept. of Transportation