Cited by

Opinions in Louisiana that cite Horton v. McCary, 635 So. 2d 199.

113 citing documents.

Rafael Antonio Mena Chavez A/K/A Sergio Balboa, Individually and on Behalf of His Minor Children, Ingrid Mena Perez … La. 2024
Troy Lillie v. Stanford Trust Company La. Ct. App. 1st Cir. 2024
Sunni Jo Blanchard v. Tony Mancuso, Sheriff of Calcasieu Parish La. Ct. App. 3d Cir. 2024
The Lathan Company v. State of Louisiana, Department of Education, Recovery School District and John White in his … La. Ct. App. 1st Cir. 2024
As stated in the seminal Louisiana Supreme Court case, ( La.
Wells Fargo Bank, Na v. Joseph L. Jones La. Ct. App. 3d Cir. 2024
4/11/94), ] and the Court finds that all the factors apply in this matter and accordingly, the Court is going to dismiss the Amended Reconventional Demand and Included Damages filed by defendants on September 27th 2022 for failure to comply or respond to discovery under Louisiana Code of Civil Procedu
Ramelli Janitorial Service, Inc. v. IV Waste, L.L.C. La. Ct. App. 4th Cir. 2023
“Refusal to comply with court ordered discovery is a serious matter.” (La.
Mary Brown Versus Walmart, Inc. La. Ct. App. 5th Cir. 2023
Brendon Banks, Sr. Husband of/and Chalai' Banks v. Progressive Paloverde Insurance Company and Rlh Investments, LLC La. Ct. App. 4th Cir. 2022
4/11/94), and BancorpSouth Bank v. Kleinpeter Trace, L.L.C., 2013-1396 (La.
Quentin Thomas Henry v. Greater Ouachita Water Company La. Ct. App. 2d Cir. 2022
Carolyn Smith, individually and as Tutrix of her Child, Thomas Smith, Jr., and Davita Robinson v. Damon Robertson, … La. Ct. App. 1st Cir. 2022
4/ 11/ 94), acknowledged that " dismissal ...
Laddies Jones and Nathaniel Jones v. the City of New Orleans and the Louisiana Department of Transportation and … La. Ct. App. 4th Cir. 2021
4/11/94), see also Columbia Homestead Ass’ (La.
Tonja Jones v. Maria Cisneros, Delgado Community College, and Louisiana Community and Technical College System La. Ct. App. 4th Cir. 2021
In the Matter of the Succession of Yvonne Edna Morris La. Ct. App. 1st Cir. 2020
Shaunna B. Burrell and Troy D. Burrell v. Interim Lsu Hospital, Now Known As, University Medical Center Management … La. Ct. App. 4th Cir. 2020
In Re: Medical Review Panel Re: Thomas Smith, Sr. La. Ct. App. 1st Cir. 2020
Southern Aggregates, LLC v. Arnold Baker & Baker Ready Mix, LLC La. Ct. App. 4th Cir. 2020
F. Patrick Quinn, III v. Edwin M. Palmer and Decatur Hotels, L.L.C. La. Ct. App. 4th Cir. 2020
Chris Carr, Jr. v. Geico Casualty Company and Shana Fairchild La. Ct. App. 4th Cir. 2019
Campos v. Unlimited Master Contractors, LLC 265 So. 3d 968 La. Ct. App. 1st Cir. 2019
Stewart v. BP Amoco Chem. Co. 257 So. 3d 177 La. 2018
Vesta Halay Johnston v. Susan Halay Vincent La. Ct. App. 3d Cir. 2017
Johnston v. Vincent 258 So. 3d 687 La. Ct. App. 1st Cir. 2017
Meade v. Koerner 191 So. 3d 578 La. 2016
Alcorn v. Duncan 175 So. 3d 1014 La. Ct. App. 2d Cir. 2015
Horton v. McCary, 93-2315 (La.4/11/94), ; MTU of North America, Inc. v. Raven Marine, Inc.
JP Morgan Chase Bank, N.A. v. Boohaker 168 So. 3d 421 La. Ct. App. 1st Cir. 2014
Horton v. McCary, 93-2315 (La.4/11/94), ; Walley v. Vargas, 12-0022 (La.App.
BancorpSouth Bank v. Kleinpeter Trace, L.L.C. 155 So. 3d 614 La. Ct. App. 1st Cir. 2014
Horton v. McCary, 93-2315 (La.4/11/94), ; Walley v. Vargas, 12-0022 (La.App.
Winding v. Bryan 148 So. 3d 956 La. Ct. App. 1st Cir. 2014
Benware , 99-1410 at p. 9, 752 So.2d at 847 (citing Horton v. McCary, 93-2315, p. 10 (La.4/11/94), ).
Dufour v. Dow Chemical Co. 119 So. 3d 630 La. Ct. App. 1st Cir. 2013
93-2315, pp. 10-11 (La.4/11/94), .
Worley v. Worley 114 So. 3d 1237 La. Ct. App. 2d Cir. 2013
Horton v. McCary, 93-2315 (La.4/11/94), ; L & M Products, Inc. v. State, Dept. of Transp.
Monte McWilliams v. Exxon Mobil Corp. La. Ct. App. 3d Cir. 2013
4/22/92), (alteration in original): There is a distinction between the sanctions available for failure to comply with discovery and the sanctions available for disobedience of court ordered discovery.
McWilliams v. Exxon Mobil Corp. 111 So. 3d 564 La. Ct. App. 1st Cir. 2013
As noted in Horton v. McCary, 92-2315 (La.4/11/94), (alteration in original): There is a distinction between the sanctions available for failure to comply with discovery and the sanctions available for disobedience of court ordered discovery.
Murungi v. Touro Infirmary 110 So. 3d 1250 La. Ct. App. 1st Cir. 2013
(citing Horton v. McCary, 93-2315 (La.4/11/94), ).
Cassandra Chark v. Thompson Health Services, Inc. La. Ct. App. 3d Cir. 2012
4/11/94), where the court stated: “Refusal to comply with court ordered discovery is a serious matter.
Chark v. Thompson Health Services, Inc. 105 So. 3d 256 La. Ct. App. 1st Cir. 2012
1 The Louisiana Supreme Court discussed the need for severe sanctions in Horton v. McCary, 93-2315 (La.4/11/94), , where the court stated: “Refusal to comply with court ordered discovery is a serious matter.
Johnson v. Bell 89 So. 3d 1200 La. 2012
While dismissal is a draconian penalty which should only be applied in extreme cases, Horton v. McCary, 93-2315, p. 10 (La.4/11/94), , it does not appear that the district court abused its discretion in ordering dismissal under the facts of the present case.
Nitcher v. Northshore Regional Medical Center 92 So. 3d 1001 La. Ct. App. 1st Cir. 2012
Horton v. McCary, 93-2315 (La.4/11/94), .
Galacia v. Louisiana Citizens Property Insurance 88 So. 3d 656 La. Ct. App. 4th Cir. 2012
Mr. Galacia suggests that this court rely on Horton v. McCary, 93-2315, p. 10 (La.4/11/94), , to find that the trial court abused its discretion in dismissing his complaint.
Johnson v. Bell 85 So. 3d 216 La. Ct. App. 1st Cir. 2012
Hutchinson , 2004-1592, p. 3, 886 So.2d at 440 , citing Horton v. McCarty, 93-2315, p. 10 (La.4/11/94), .
Terry J. Trahan, Jr. v. Robert M. Buatt La. Ct. App. 3d Cir. 2011
Leah Lasseigne v. Gerald E. Landry, LLC La. Ct. App. 3d Cir. 2011
4/11/94), : There is a distinction between the sanctions available for failure to comply with discovery and the sanctions available for disobedience of court ordered discovery.
Lasseigne v. Gerald E. Landry, L.L.C. 82 So. 3d 478 La. Ct. App. 1st Cir. 2011
The laws governing sanctions available for failure to comply with discovery are elaborated upon in the case of Horton v. McCary, 93-2315, pp. 9-11 (La.4/11/94), , 203: There is a distinction between the sanctions available for failure to comply with discovery and the sanctions available for disobedience of court ordered discovery.
Stolz v. Smith 64 So. 3d 834 La. Ct. App. 1st Cir. 2011
Cantuba, 31 So.3d at 412 (citing Horton v. McCary, 93-2315, p. 9 (La.4/11/94), ) “Dismissal is generally appropriate when the client, as well as the attorney, is at fault, and the record must evidence that the failure was due to willfulness, bad faith, or fault of the noncompliant party.” Id.
Duffy v. Pendleton Memorial Methodist Hospital 53 So. 3d 636 La. Ct. App. 4th Cir. 2010
Horton v. McCary, 93-2315, p. 10 (La.4/11/94), .
Mascaro v. Parish of Jefferson 54 So. 3d 715 La. Ct. App. 5th Cir. 2010
In Horton v. McCary, 93-2315, p. 10 (La.4/11/94), , the Louisiana Supreme Court stated that LSA-C.C.P.
Jones v. LSU/EA CONWAY MEDICAL CENTER 46 So. 3d 205 La. Ct. App. 2d Cir. 2010
Horton v. McCary, 93-2315 (La.4/11/94), ; House of Blues New Orleans Restaurant Corp. v. Barbecue of New Orleans, Inc., 2004-1202 (La.App.
Mary Phyllis Soileau v. Smith's True Value and Rental D/B/A Just Ask Rental" " La. Ct. App. 3d Cir. 2010
Soileau v. SMITH'S TRUE VALUE AND RENTAL 40 So. 3d 379 La. Ct. App. 1st Cir. 2010
The supreme court has explained that “[tjhere is a distinction between the sanctions available for failure to comply with discovery and the sanctions available for disobedience of court ordered discovery.” Horton v. McCary, 93-2315, p. 9 (La.4/11/94), .
Explained Blount Bros. Construction, Inc. v. Williams 26 So. 3d 853 La. Ct. App. 2d Cir. 2009
These sanctions include the entry of an “order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party.” As explained in Horton v. McCary, 1993-2315 (La.04/11/94), , 203: There is a distinction between the sanctions available for failure to comply with discovery and the sanctions available for disobedience of court ordered discove
Dufrene v. GAUTHREAU FAMILY LLC 28 So. 3d 465 La. Ct. App. 1st Cir. 2009
2 Cir. 3/19/08), , citing Horton v. McCary, 93-2315 (La.4/11/94), ; A trial court’s imposition of sanctions pursuant to LSA-C.C.P.
In Re: Medical Review Panel Jerome Smith La. Ct. App. 3d Cir. 2009
4/11/94), the supreme court addressed the propriety of the dismissal of a plaintiff’s claims for failure to comply with discovery, observing that “[t]here is a distinction between the sanctions available for failure to comply with discovery and the sanctions available for disobedience of court ordered