Public-domain · open source
OpenJurist
← 681 So. 2d 956 - Spangler v. Chiasson

681 So. 2d 956 - Spangler v. Chiasson’s Empirical Analysis

1996

Citation profile

2
cited by 2 later decisions
1
states following
January 2003
most recently cited

1 federal appellate · 1 state decisions

Relationships

Relies on Prejean v. Ortego · Jacoby v. STATE, THROUGH DEPT. OF HEALTH & HUMAN RESOURCES · 429 So. 2d 209 - Jacoby v. State

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. “When an application for writs is sought to review the actions of a trial court, the trial court shall fix a reasonable time within which the application shall be filed in the appellate court, not to exceed thirty days from the date of the ruling at issue. Upon proper showing, the trial court or the appellate court may extend the time for filing the application upon the filing of the motion for extension of return date by the applicant, filed within the original or an extended return date period. An application not filed in the appellate court within the time so fixed or extended shall not be considered, in the absence of a showing that the delay in filing was not due to the applicant’s fault. The application for writs shall contain documentation of the return date and any extensions thereof; any application which does not contain this documentation may not be considered by the appellate court.”
    1 later decision quote this exact passage · from the majority
  2. “The oral ruling denying defendants’ motion for summary judgment was rendered on June 16, 1995. This ruling is interlocutory; therefore, a written judgment is not necessary. The ruling can be reflected in a minute entry. See Jacoby v. State, 429 So.2d 209 (La.App. 1st Cir.), writ denied, 441 So.2d 771 (La.1983); Prejean v. Ortego, 262 So.2d 402 (La.App. 3rd Cir.1972). For this reason, the thirty day delay began to run from the date of the oral ruling. Accordingly, the notice of intent filed on September 21, 1995, is untimely. Because this notice was filed "with the trial court outside the thirty day period, the court’s setting of the return date for October 16. 1995, will not be considered a valid extension of the time for filing. Therefore, we find the writ application is untimely and should not be considered.”
    1 later decision quote this exact passage · from the majority

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.