Cited by
Opinions in Louisiana that cite Stobart v. State Through DOTD, 617 So. 2d 880.
- Ly v. State Through Dept. of Public Safety and Corrections 633 So. 2d 197 La. Ct. App. 1st Cir. 1993
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S & S Cash Register & Computer Co. v. Caldarera
627 So. 2d 255
La. Ct. App. 5th Cir. 1993
in order to reverse a factfinder’s determination, 1) The 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 finding is clearly wrong (manifest
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Johnson v. Union Pacific Railroad
626 So. 2d 61
La. Ct. App. 1st Cir. 1993
Under the appellate standard of review for manifest error in factual determinations, and more recently in Stobart v. State, DOTD, as well as in Succession of Theriot v. Southern Pa.
- Maroney v. Physicians & Surgeons Hospital 626 So. 2d 833 La. Ct. App. 2d Cir. 1993
- State v. WAS 629 So. 2d 1209 La. Ct. App. 1st Cir. 1993
- Trosclair v. Blanchard 625 So. 2d 737 La. Ct. App. 1st Cir. 1993
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Orgeron v. Lafourche Parish Hospital District No. 1
625 So. 2d 739
La. Ct. App. 1st Cir. 1993
Stobart v. State, Department of Transportation and Development
- State v. W.A.S. 629 So. 2d 1209 La. Ct. App. 1st Cir. 1993
- State v. Cuzick 640 So. 2d 265 La. Ct. App. 1st Cir. 1993
- Engolia v. Allain 625 So. 2d 723 La. Ct. App. 1st Cir. 1993
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Orgeron v. LAFOURCHE PARISH HOSP. DIST.
625 So. 2d 739
La. Ct. App. 1st Cir. 1993
Stobart v. State, Department of Transportation and Development
- Landry v. City of Abbeville 625 So. 2d 655 La. Ct. App. 3d Cir. 1993
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Hayes v. Kelly
625 So. 2d 628
La. Ct. App. 3d Cir. 1993
and Stobart v. State of Louisiana, DOTD, that the trier of fact is afforded great discretion in credibility determinations of witnesses and the factual conclusions drawn from such determinations.
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Hoyt v. State Farm Mut. Auto. Ins. Co.
623 So. 2d 651
La. Ct. App. 1st Cir. 1993
Stobart v. State of Louisiana, through the DOTD
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Wainwright v. Leary
623 So. 2d 233
La. Ct. App. 2d Cir. 1993
the Louisiana Supreme Court observed 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."
- State in Interest of Taylor 637 So. 2d 512 La. Ct. App. 1st Cir. 1993
- Monroe Medical Clinic, Inc. v. Hospital Corp. of Am. 622 So. 2d 760 La. Ct. App. 2d Cir. 1993
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King v. OUR LADY OF THE LAKE MED. CENTER
623 So. 2d 139
La. Ct. App. 1st Cir. 1993
Stobart v. State of Louisiana, Through Department of Transportation and Development
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Hoyt v. Wood/Chuck Chipper Corp.
625 So. 2d 504
La. Ct. App. 1st Cir. 1993
Where there are two permissible views of the evidence, the fact finder’s choice between them cannot be manifestly eiToneous or clearly wrong; therefore, we are powerless to disagree with the view of the evidence which the trier of fact chose to believe.
- Patterson v. City of Baton Rouge 622 So. 2d 1386 La. Ct. App. 1st Cir. 1993
- Berthelot v. Aetna Cas. and Sur. Co. 623 So. 2d 14 La. Ct. App. 1st Cir. 1993
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Hunter v. Dept. of Transp. and Dev.
620 So. 2d 1149
La. 1993
Stobart v. State of Louisiana, Through Department of Transportation
- Coley v. State, Through DOTD 621 So. 2d 41 La. Ct. App. 2d Cir. 1993
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Coffin v. Bd. of Sup'rs of La. Univ.
620 So. 2d 1354
La. Ct. App. 2d Cir. 1993
the Louisiana Supreme Court observed 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 *1359 it is "clearly wrong."
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Broussard v. Domingue
619 So. 2d 143
La. Ct. App. 3d Cir. 1993
Stobart v. State of Louisiana, DOTD, Watson v. State Farm Fire and Cas.
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Cramer v. Association Life Ins. Co., Inc.
619 So. 2d 821
La. Ct. App. 1st Cir. 1993
Stobart v. State of Louisiana, Through Department of Transportation and Development, (La.
- Reilly v. Dynamic Exploration, Inc. 619 So. 2d 120 La. Ct. App. 1st Cir. 1993
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Jenkins v. State, Department of Transportation & Development
619 So. 2d 1188
La. Ct. App. 1st Cir. 1993
However, under what some legal authorities are calling a new standard of appellate review, the supreme *1205 has said that the appellate power to review facts is severely limited and any facts found by a trial court are beyond our pale of review, however incredible.
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Jenkins v. STATE, DEPT. OF TRANSP. & DEV.
619 So. 2d 1188
La. Ct. App. 1st Cir. 1993
However, under what some legal authorities are calling a new standard of appellate review, the supreme *1205 has said that the appellate power to review facts is severely limited and any facts found by a trial court are beyond our pale of review, however incredible.
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Sudduth v. State, Dept. of Transp. & Development
619 So. 2d 618
La. Ct. App. 3d Cir. 1993
*624 Elaborating recently on the manifest error doctrine, the Louisiana Supreme Court stated in Stobart v. State of Louisiana, Through Department of Transportation and Development, (La.
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Thomas v. Highlands Ins. Co.
617 So. 2d 877
La. 1993
[1] Shirley Stobart v. State of Louisiana, Through Department of Transportation and Development
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Touchard v. Williams
617 So. 2d 885
La. 1993
See Shirley Stobart v. State of Louisiana, Through Department of Transportation and Development, issued this day.