570 So. 2d 166 - Fleishmann v. Fleishmann’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Hogan v. Hogan, supra, the Supreme Court discussed the applicability of LSA-R.S. 9:310 to an appellate court order modifying or replacing a trial court’s support order. The court stated, at 270-271: “La.R.S. 9:310 provides that an order for child support or alimony shall be retroactive to the filing date of the petition therefor, unless the court finds good cause for not making the award retroactive, in which case the court may fix the date such award shall become due. These principles apply directly and fully to an appellate court order modifying or replacing a trial court’s support order. ⅜ ⅝ ⅜ ⅜ # The exercise of this power [to decide factual issues de novo ] by an appellate court is limited, however, by the jurisprudential rule of practice that a trial court’s alimony or child support order will not be reversed except for abuse of discretion.... But when the Court of Appeal decides that the trial court abused its discretion, it is required to assess the evidence anew from the record and render judgment on the merits as if it were a trial court, rather than to remand the case for further proceedings below.... Accordingly, when a court of appeal properly finds that the trial court abused its discretion and substitutes its judgment for the trial court’s alimony or child support order, the appellate court performs the function of a trial court and must be guided by the precepts of La.R.S. 9:310_””

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

2. “Remanded to the court of appeal for reconsideration of the effective date of commencement of the increase in child support in light of Hogan v. Hogan, 549 So.2d 267 (La.1989). Otherwise, denied.”

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