117 So. 3d 148 - David v. David’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Richard and Dione David, domiciliar-ies of New Iberia, Louisiana were married for thirty-six years. At the time of their divorce, there were five businesses and nine pieces of real estate at issue for partition. Richard and Dione stipulated to appraised values of six of the nine real properties, the values on eight vehicles and other movables. Richard’s reimbursement of mortgage, tax, and insurance payments on some community properties, and Dione’s reimbursement of attorney fees. The parties also stipulated that four of the businesses, David Mortuary, Inc., David Marble and Granite, Inc., Beau Pre Memorial Park Cemetery, and Limousines, LTD, were the separate property of Richard David. The community’s business, Dede’s Wholesale Florist, Inc. (Dede’s), was run primarily by Dione throughout the marriage, and she was given occupancy and use of the store location at 1203 Trotter Street in New Iberia. This asset is next door to the David Funeral Home and became the greatest source and subject of discord, restraining orders, and alleged abuses between the parties. Dede’s also had a closed-down, non-operating store at 110 Glaser Drive in Lafayette, which was considered rental property. The community’s other New Iberia assets include rental houses at 6605 Old Spanish Trail (sometimes referred to as “OST” or “Highway 182” property), 407 Dahlia Street, 407 Wayne Street, 4208 Northside Road, and 508 Prioux Street. The community’s family home was located at 506 Prioux Street. Richard was”

   1 later decision quote this exact passage
   e.g. 144 So. 3d 1110 - David v. David

2. “(4) The court shall then partition the community in accordance with the following rules: (a) The court shall value the assets as of the time of trial on the merits, determine the liabilities, and adjudicate the claims of the -parties. (b) The court shall divide the community assets and liabilities so that each spouse receives property of an equal net value. (c) The court shall allocate or assign to the respective spouses all of the community assets and liabilities. In allocating assets and liabilities, the court may divide a particular asset or liability équally oí* unequally or may allocate it in its éntirety tó one of the spouses. ' The court shall consider 'the nature and source of the asset or liability, the economic condition of each spouse, and any other circumstances that the court deems relevant. As between the spouses, the allocation of a liability to a spouse obligates that -spouse to extinguish that liability. The allocation in no way affects the rights of creditors. (d) In the event that the'allocation of assets and liabilities results in an- unequal net distribution, the court shall order the payment of an equalizing sum of money, either cash or deferred, secured or unsecured» upon such terms and 'conditions as the court shall direct. The court may order the execution of notes, mortgages, or. other documents as it deems necessary, or may impose a mortgage or lien on either community or sepárate property, movable or immovable, as security.”

   1 later decision quote this exact passage
   e.g. 186 So. 3d 289 - Keenan v. Keenan

3. “[Pjursuant to La.Code. Civ.P. Art, 2128, Richard has designated “such portions of the record which he desires to constitute the record on appeal.” .... Richard has attached numerous exhibits to his appellate brief, but the attached exhibits are not part of the record on appeal. C & B Sales & Serv., Inc. v. Slaughter, 04-551 (La.App. 3 Cir. 10/20/04) , 885 So.2d 683 . [[Image here]] Here, the designated record contains documents that were filed into the record after the last day of trial on August 10, 2011. The record is not to remain open after trial except for very limited filings specifically identified and allowed by the trial court. See Dugas v. Bayou Teche Water Works, 10-1211 (La.App. 3 Cir. 4/6/11) , 61 So.3d 826 . The trial court exhibited great patience in receiving and re-hashing evidence, particularly on Richard’s reimbursement claims, even after engaging a hearing officer. The court did not leave the record open after August 10, 2011. We limit our review to documents filed into evidence before the end of trial.”

   1 later decision quote this exact passage
   e.g. 204 So. 3d 1094 - David v. David