No. 2002-CC-0607 Precedential Processed

Matthews v. Matthews

Louisiana Supreme Court · Filed March 22, 2002 · 811 So. 2d 936

Also decided on this docket: La., May 3, 2002 815 So. 2d 90

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Opinion text

In re Matthews, James Earl; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Calcasieu, 14th Judicial District Court Div. C, No. 97-7986; to the Court of Appeal, Third Circuit, No. CW 01-01508. Granted. The judgment of the trial court is not clearly wrong. The court of appeal erred in substituting its opinion for that of the trial court, which was in a superior position to observe the witness. *937 See In re A.J.F., 00-0948 at p. 26 (La.6/30/00), 764 So.2d 47 at 62 . Accordingly, the judgment of the Court of Appeal is reversed and the judgment of the trial court is reinstated.