676 So. 2d 674 - Whiddon v. Whiddon’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. “Section 1. R.S. 9:305 is hereby enacted to read as follows: § 305. Disavowal of paternity; ancillary to child support proceeding. Notwithstanding the provisions of Civil Code Art. 189 and for the sole purpose of determining the proper payor in child support cases, if the husband, or legal father who is presumed to be the father of the child, erroneously believed, because of misrepresentation, fraud, or deception by the mother, that he was the father of the child, then the time for fifing suit for disavowal of paternity shall be suspended during the period of such erroneous belief or for ten years, whichever ends first. Section 2. The provisions of this Act shall be applied retrospectively such that a husband or legal father who, because of the mother’s misrepresentation, fraud, or deception, erroneously believed he was the father of a child, and whose action for disavowal has prescribed, may institute such an action ancillary to any child support proceeding brought within one hundred eighty days of the effective date hereof, and any such suit not instituted within that time and any claims relating thereto shall be forever barred.”

   1 later decision quote this exact passage
   e.g. 774 So. 2d 330 - Fontenot v. Fontenot

2. “The effective date of La.R.S. 9:305 was August 15, 1993. Mr. Whiddon brought this action on February 21, 1995, more than one year after the effective date of the Act. Therefore, any claim he may have had under La.R.S. 9:305 has also prescribed. The law provided Mr. Whiddon with two opportunities to attempt [disavowal], and he failed to take advantage of either of these opportunities. Mr. Whiddon’s action to disavow the child has prescribed, and the trial court erred in concluding that it had not prescribed....”

   1 later decision quote this exact passage
   e.g. 774 So. 2d 330 - Fontenot v. Fontenot

3. “Notwithstanding the provisions of Civil Code Art. 189 and for the sole purpose of determining the proper payor in child support cases, if the husband, or legal father who is presumed to be the father of the child, erroneously believed, because of misrepresentation, fraud, or deception by the mother, that he was the father of the child, then the time for filing suit for disavowal of paternity shall be suspended during the period of such erroneous belief or for ten years, whichever ends first.”

   1 later decision quote this exact passage
   e.g. 736 So. 2d 296 - Whiddon v. Whiddon