639 So. 2d 858 - Pineda v. Ruppel’s Empirical Analysis
1994
Citation profile
4 state decisions
How this case has been cited
Cited by 4 later decisions — most recently February 2016
4 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 601 So. 2d 1355 - Spott v. Otis Elevator Co. · Plaquemines Par. Com'n Council v. Delta Dev. Co. · Starns v. Emmons · 403 So. 2d 49 - STATE ETC. v. City of Pineville · Langlinais v. Guillotte
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.
“The prescriptive period for actions based on breaches of a fiduciary duty and for an accounting of the property held by the fiduciary is ten years. LSA-C.C. art. 3499; Spruiell v. Ludwig[,] 568 So.2d 133 (La.App. 5th Cir. 1993). Delictual actions are subject to a liberative prescription of one year which commences to run from the day injury or damage is sustained. LSA-C.C. art. 3492. The nature of a cause of action must be determined before it can be decided which prescriptive term is applicable. Hampton v. Hibernia National Bank, 598 So.2d 502 (La.App. 2nd Cir.1992); State of Louisiana, Department of Highways v. City of Pineville, 403 So.2d 49 (La.1981). The character of an action disclosed in the pleadings determines the prescriptive period applicable to that action. Star[n]s v. Emmons, 538 So.2d 275 (La.1989). Plaintiff's petition alleges facts which indicate that the defendants wrongfully exercised authority over the funds of the interdict. These allegations are delictual in nature and as such are subject to the one year prescriptive period under LSA-C.C. art. 3492. Plaintiff's petition also alleges that the defendants failed to faithfully discharge their duties and obligations as curator and under-curator of the interdict with respect to the settlement and the funds obtained in the settlement, their failure to use the funds for the benefit of the interdict, and their failure to account for the funds and assets of the interdict. Therefore, those allegations are subject to”
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.