396 So. 2d 978 - Deville v. Babineaux’s Empirical Analysis
1981
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently August 2001
6 state decisions
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.
Relationships
Relies on Bordelon v. Dauzat · 340 So. 2d 378 - Chamblee v. Chamblee
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This court in Bordelon v. Dauzat, 389 So.2d 820 (La.App. 3rd Cir.1980) stated that an application for new trial filed prior to the signing of a final judgment was without effect. In doing so, we cited the case of Chamblee v. Chamblee, 340 So.2d 378 (La.App. 4th Cir.1976) which is factually similar to the present case. In Chamblee, supra, the trial judge denied an application for a new trial on the same day he signed the final judgment which was filed seven days prior thereto. The court found the application for a new trial to be: “premature, not timely, and, thus, without legal effect. Hence, this matter falls under subsection (1) of Art. 2087. Accordingly, under LSA C.C.P. Art. 1974, the delay for a new trial commences to run on the day after the judgment was signed ...” Here, the trial judge signed the final judgment prior to denying plaintiffs application for a new trial. However, the application for a new trial was still filed prematurely. Thus, it could have no effect. Since the application for a new trial was ineffective, the delay for filing an application for a new trial began running the day after the sheriff served notice of judgment, viz. on July 23, 1980. LSA-C.C.P. Article 1974(2). The delay for applying for |fia new trial is seven days exclusive of legal holidays. LSA-C.C.P. Article 1974(1). A devolutive appeal must be taken within 60 days of the expiration of the delay for applying for a new trial. LSA-C.C.P. Article 2087(1). The plaintiff did not file a motion”
1 later decision quote this exact passage“whether an application for a new trial made before the signing of a final judgment can have any effect on appeal delays.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.