6 So. 3d 197 - Schmidt v. Schmidt’s Empirical Analysis
2009
Citation profile
6 state decisions
Relationships
Relies on 549 So. 2d 840 - Rosell v. Esco · 616 So. 2d 1234 - Everything on Wheels Subaru, Inc. v. Subaru South, Inc. · 708 So. 2d 731 - Evans v. Lungrin · 492 So. 2d 1193 - Bergeron v. Bergeron · 640 So. 2d 237 - City of New Orleans v. Board of Com'rs
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.
“A cause of action, when used in the context of the peremptory exception, is defined as the operative facts that give rise to the plaintiffs right to judicially assert the action against the defendant. Ramey v. DeCaire, 03-1299, p. 7 (La. 3/19/04), 869 So.2d 114, 118 ; Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234, 1238 (La. 1993). The function of the peremptory exception of no cause of action is to test the legal sufficiency of the petition, which is done by determining whether the law affords a remedy on the facts alleged in the pleading. Ramey v. De-Caire, p. 7, 869 So.2d at 118 . No evi dence may be introduced to support or controvert an exception of- no cause of action. La.Code Civ. Proc. art. 931. Consequently/ the court reviews the petition and accepts well-pleaded allegations of fact as true. Ramey v. DeCaire, p. 7, 869 So.2d at 118 ; Jackson v. State ex rel. Dept. of Corrections, 00-2882, p. 3 (La. 5/15/01), 785 So.2d 803, 806 ; Everything on Wheels Subaru, 616 So.2d at 1235 . The issue at the trial of the exception is whether, on the face of the petition, the plaintiff is legally entitled to the relief sought. Ramey v. DeCaire, p. 6, 869 So.2d at 118 ; Montalvo v. Sondes, 93-2813, p. 6 (La. 5/23/94), 637 So.2d 127, 131 .”
1 later decision quote this exact passage“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.'”
1 later decision quote this exact passagee.g. Evans v. Evans“is entitled to great weight and will not be disturbed absent a clear showing of abuse of discretion.”
1 later decision quote this exact passagee.g. Evans v. Evans
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.