607 So. 2d 868 - Howard v. Stokes’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In ranking the lessor’s privilege and the combineman’s privilege ahead of the recorded crop pledge, the trial court concluded that only a secured lender like Terrick, Inc., who had his security interest created in a written instrument, needed to file with the central registry in order to have his security interest ranked in the order of preference set forth in R.S. 9:4521. Because the law does not require the combineman’s privilege or the lessor’s privilege to be created in a written document, the trial court ranked these privileges ahead of the recorded crop pledge. In so holding, the trial court overlooked pertinent provisions of Act 548 of 1989, effective August 22, 1989, prior to the 1990 crop year, which amended both the provisions of R.S. 3:3651, et seq. and R.S. 9:4521. Act 548 amended R.S. 3:3652(14) to define “security device” as a written instrument that established a creditor’s security interest in farm products, or, any pledge or privilege described in R.S. 9:4521, whether or not evidenced by a written instrument. This change in the law made clear the legislature’s intent for the term “security device” to |sinclude not only a written crop pledge established pursuant to the provisions of R.S. 9:4341, but also 1 the privilege of the combineman and the privilege of the lessor, both of which are set forth in the provisions of R.S. 9:4521. Act 548 also added to R.S. 9:4521 the provisions concerning notice properly filed in accordance with R.S. 3:3651, et seq. Further, ”

   1 later decision quote this exact passage
   e.g. 737 So. 2d 167 - Deposit Guaranty National Bank v. Central Louisiana Grain Co-Op, Inc.

2. “provided that such privilege... ha[s] been properly filed and maintained in accordance with the central registry provisions of R.S. 3:3651 et seq.”

   1 later decision quote this exact passage
   e.g. 792 So. 2d 851 - Meyhoeffer v. Wallace