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316 So. 2d 144

Docket No. 12635.

Hutcherson v. Welch

J. R. HUTCHERSON, Plaintiff-Appellant and Defendant in Reconvention, v. Mrs. L. H. WELCH, Defendant-Appellee and Plaintiff in Reconvention.

Louisiana Court of Appeal

Decided July 1, 1975.

Louisiana Court of Appeal · decided 1975-07-01

Key passage — most relied on by later courts

“"Where there are factual issues involved and the record contains neither a transcript of the testimony nor a narrative of facts, there is nothing for appellate review. There being no evidence to review, the presumption is that the judgment of the trial court is supported by sufficient competent evidence." ( 316 So.2d at 144 )”

quoted by 1 later decision, including 340 So. 2d 1063 - Bourgeois v. Daigle

Relies on Succession of Walker · 284 So. 2d 374 - Hill v. Smith · 306 So. 2d 822 - In Re Tyson

Good law ✅— No negative treatment on recordhow we know

Decided 1975-07-01

How this case has been cited

Cited by 12 later decisions — most recently January 1995

12 state decisions

70197519801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Wilson & Veatch by William D. Hall, Shreveport, for plaintiff-appellant and defendant in reconvention.

¶2Joseph F. Giglio, III, Shreveport, for defendant-appellee and plaintiff in reconvention.

¶3Before PRICE, HALL and MORRIS, JJ.

¶4HALL, Judge.

¶5This appeal by plaintiff-appellant is from a judgment of the City Court of Shreveport rejecting plaintiff's demands for a balance allegedly due for carpet delivered and installed in defendant's residence and rejecting defendant's reconventional demand for damages.

¶6The testimony adduced on the trial of the case was not transcribed. The record does not contain a narrative of facts agreed on between the parties or made by the trial judge in accordance with LSA-C. C.P. Arts. 2130 and 2131. Although both parties have filed thorough briefs arguing their respective versions of the evidence, the testimony taken in the City Court is not properly before this Court for appellate review.

¶7The respective claims of the parties present factual issues. Where there are factual issues involved and the record contains neither a transcript of the testimony nor a narrative of facts, there is nothing for appellate review. There being no evidence to review, the presumption is that the judgment of the trial court is supported by sufficient competent evidence. Succession of Walker,288 So.2d 328 (La. 1974); Hill v. Smith,284 So.2d 374 (La. *145 App.2d Cir. 1973); In re Tyson,306 So.2d 822 (La.App.2d Cir. 1975).

¶8For the reasons assigned, the judgment of the City Court is affirmed at appellant's costs.

¶9Affirmed.

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