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← 682 So. 2d 932 - Fruge v. Fruge

682 So. 2d 932 - Fruge v. Fruge’s Empirical Analysis

1996

Citation profile

2
cited by 2 later decisions
1
states following
December 2000
most recently cited

2 state decisions

Relationships

Relies on Pounds v. Schori · Diez v. Schwegmann Giant Supermarkets, Inc. · 555 So. 2d 39 - Farrell v. Farrell · Phillips v. Phillips · Mills v. Mills

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 amended and reenacted to read as follows: § 305. Disavowal of paternity; ancillary to child support proceeding A. Notwithstanding the provisions of Civil Code Art. 189 and for the sole purpose of determining the proper pay- or in child support cases, if |4the 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. B. No provision of this Section shall affect any child support payment or arrears paid, due, or owing prior to the filing of a disavowal action if an order of disavowal is subsequently obtained in such action. Section 2. The provisions of R.S. 9:305 as enacted by Act. No. 32 of the 1993 Regular Session of the Louisiana Legislature and amended and reenacted by 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 August 15, 1997 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
  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 the 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 August 15, 1993, 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

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.