Public-domain · open source
OpenJurist
← 640 So. 2d 509 - Broussard v. Guilbeaux

640 So. 2d 509 - Broussard v. Guilbeaux’s Empirical Analysis

1994

Citation profile

5
cited by 5 later decisions
1
states following
November 2004
most recently cited

1 federal appellate · 4 state decisions

Relationships

Relies on 549 So. 2d 840 - Rosell v. Esco · 567 So. 2d 122 - Cole Oil & Tire Co., Inc. v. Davis · 426 So. 2d 762 - Herb's MacH. Shop, Inc. v. John Mecom Co. · Herb's MacHine Shop, Inc. v. John Mecom Co. · 589 So. 2d 31 - Jacobs Chiropractic Clinic v. Holloway

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

  1. “A. When any person fails to pay an open account within thirty days after the claimant sends written demand therefor correctly setting forth the amount owed, that person shall be liable to the claimant for reasonable attorney fees for the prosecution and collection of such claim when judgment on the claim is rendered in favor of the claimant.... [[Image here]] D. For purposes of this Section and Code of Civil Procedure Articles 1702 and 4916, “open account” includes any account for which a part or all of the balance is past due, whether or not the account reflects one or more transactions and whether or not at the time of contracting the parties expected future transactions. “Open account” shall include debts incurred for professional services, including but not limited to legal and medical services. For the purposes of this Section only, attorney fees shall be paid on open accounts owed to the state.”
    2 later decisions quote this exact passage
  2. “In proving an open account, plaintiff first must prove the account by showing that the record of the account was kept in the course of business and by introducing supporting testimony regarding its accuracy. Once a prima facie case has been established by a plaintiff-creditor; the burden shifts to the debtor to prove the inaccuracy of the account or to prove that the debtor is entitled to certain credits. General Elec. Co. v. La. Elec. Supply, 460 So.2d 34 (La.App. 1st Cir.1984). The amount of an account is a question of fact which may not be disturbed absent manifest error. Cole Oil & Tire Co., Inc., v. Davis, 567 So.2d 122 (La.App. 2d Cir.1990).”
    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.