185 So. 3d 321 - Bonnette v. Bonnette’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A district court's determination in modifying custody "is entitled to great weight and will not be disturbed absent a clear showing of abuse of discretion." Schmidt v. Schmidt , 2008-0263, p. 9 (La. App. 4 Cir. 2/11/09), 6 So.3d 197 , 203. "An appellate court may not set aside a trial court's finding of fact in the absence of 'manifest error' or unless it is 'clearly wrong.' " Id. ; see also, Mimms v. Brown , 2002-1681, p. 11 (La. App. 4 Cir. 9/3/03), 856 So.2d 36 , 43 ; AEB v. JBE , 99-2668 (La. 11/30/99), 752 So.2d 756 , 761. However, when an "error of law skews the trial court's finding of a material issue of fact and causes it to pretermit other issues, the appellate court is required, if it can, to render judgment on the record by applying the correct law and determining the essential material facts de novo ." Evans v. Lungrin , 97-0541 (La. 2/6/98), 708 So.2d 731 , 735. If "the legal error does not affect all the [fact-finder's] findings, the appellate court should confine its de novo review to only those findings that have been interdicted by the error." Banks v. Children's Hosp. , 2013-1481, p. 13 (La. App. 4 Cir. 12/17/14), 156 So.3d 1263 , 1272, citing Picou v. Ferrara , 483 So.2d 915 , 918 (La.1986) ; Lam ex rel. Lam v. State Farm Mut. Auto. Ins. Co. , 2005-1139, p. 3 (La. 11/29/06), 946 So.2d 133 , 135-36.”

   1 later decision quote this exact passage
   e.g. Evans v. Evans

2. “(1) The love, affection, and other emotional ties between each party and the child. (2) The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child. (3) The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs. (4) The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment. (5) The permanence, as a family unit, of the existing or proposed custodial home or homes. (6) The moral fitness of each party, insofar as it affects the welfare of the child. (7) The mental and physical health of each party. (8) The home, school, and community history of the child. (9) The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference. (10) The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party. (11) The distance between the respective residences of the parties. (12) The responsibility for the care and rearing of the child previously exercised by each party.”

   1 later decision quote this exact passage
   e.g. 202 So. 3d 563 - Dazet v. Price

3. “[a] new trial shall be granted, upon contradictory motion of any party ... when the verdict or judgment appears clearly contrary to the law and the evidence.”

   1 later decision quote this exact passage
   e.g. Moore v. Choice Foundation