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← 649 SO2D 1130 - Miller v. Potier

Miller v. Potier’s Empirical Analysis

1995

Citation profile

8
cited by 8 later decisions
2
states following
June 2018
most recently cited

8 state decisions

How this case has been cited

Cited by 8 later decisions — most recently June 2018

8 state decisions

40199520002010decided

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 Young v. Stevens · Succession of Walker · Collins v. Slocum · 437 So. 2d 1148 - Moity v. Guillory · Miller v. Miller

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

  1. “Since we have no transcript of the trial our review is necessarily limited. As was stated in Carter v. Barber Bros. Contracting Co., Inc., 623 So.2d 8, 10 (La.App. 1 Cir.), writ denied, 629 So.2d 1180 (La.1993): "The appellant has the duty to secure either a transcript of the testimony or a narrative of facts; the inadequacy of the record is imputable to the appellant." See also Preuett v. Preuett, 517 So.2d 848 (La.App. 3 Cir. 1987). "Where, as in this case, there is no transcript, no narrative of facts by the parties or by the trial judge, the judgment of the trial court is presumed to be supported by competent evidence. Succession of Walker, [ 276 So.2d 372 (La.App. 2d Cir.), writ granted, 279 So.2d 691 (La.1973), affirmed, 288 So.2d 328 (La.1974) ]; Bourque v. L.C. Electro-Comm. Inc., 460 So.2d 18 (La. App. 1st Cir.1984); Miller v. Miller, 480 So.2d 789 (La.App. 3rd Cir.1985), writ denied 481 So.2d 1337 (La.1986); Gulling v. E.I. Du Pont de Nemours and Company, 228 So.2d 750 (La.App. 4th Cir.1969). Said another way, review is limited to determining whether the trial court correctly applied the law to the facts it "found." Smith v. Gilmer, 488 So.2d 1143 (La.App. 2d Cir.1986). Those facts can often be gleaned from the trial court's written reasons for judgment. When a record contains written reasons for judgment by a trial judge which reveals substantially all of the material testimony, and the record is sufficiently complete to permit full consideration of the issues pres”
    2 later decisions quote this exact passage
  2. “Where, as in this case, there is no transcript, no narrative of facts by the parties or by the trial judge, the judgment of the trial court is presumed to be supported by competent evidence. Succession of Walker, [ 276 So.2d 372 (La.App. 2d Cir.), writ granted, 279 So.2d 691 (La.1973), affirmed, 288 So.2d 328 (La.1974) ]; Bourque v. L.C. Electro-Comm. Inc., 460 So.2d 18 (La. App. 1st Cir.1984); Miller v. Miller, 480 So.2d 789 (La.App. 3rd Cir.1985), writ denied 481 So.2d 1337 (La.1986); Gulling v. E.I. Du Pont de Nemours and Company, 228 So.2d 750 (La.App. 4th Cir.1969). Said another way, review is limited to determining whether the trial court correctly applied the law to the facts it "found.”
    1 later decision quote this exact passage
  3. “The appellant has the duty to secure either a transcript of the testimony or a narrative of facts; the inadequacy of the record is imputable to the appellant.”
    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.