734 So. 2d 1263 - Chinn v. Mitchell’s Empirical Analysis

Citation profile

1 federal appellate · 9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This court, in Frain v. City of Baton Rouge, 97-0868, p. 4 (La.App. 1st Cir. 12/29/97); 704 So.2d 1276, 1278 , held subsection D of R.S. 13:5107, effective May 9, 1996, does not operate to either vest or divest a party of a right, but rather, “merely defines and restricts the time period during which service of citation of a filed petition must be made on a named governmental defendant.” |fiWe noted substantive rights were affected when the 90-day window for service lapsed prior to the effective date of section 5107 D. In those instances, we recognized an additional 90 days, commencing on May 9, 1996, as the time allowed for those plaintiffs to perfect service. Frain v. City of Baton Rouge, 97-0868 at 4-5; 704 So.2d at 1278 .... We also note the recent case of Hoyt v. Robinson, 98-1224 (La.App. 5th Cir. 3/30/99); 731 So.2d 426 . In Hoyt , the fifth circuit agreed with our holding in Frain which held the provisions of section 5107 D, effective at the time suit was filed in the instant matter, did not create or destroy rights or liabilities. Hoyt v. Robinson, - 98-1224 at 5; 731 So.2d at 429 . We are bound by and adhere to our prior holding in Frain . In the instant matter, plaintiffs’ collision occurred on September 29, 1995. The controlling version of La. R.S. 13:5107 became effective May 9, 1996. Plaintiffs did not file suit until September 26, 1996, more than 120 days after the effective date of 1996 La. Acts, 1st Ex.Sess., No. 63, which amended section 5107. At the time of”

   1 later decision quote this exact passage
   e.g. 750 So. 2d 1165 - Poole v. Jefferson Parish Recreation Department

2. “In all suits in which the state, a state agency, or political subdivision, or any officer or employee thereof is named as a party, service of citation shall be requested within ninety days of the filing of the initial pleading, which names a state, a state agency, or political subdivision or any officer or employee thereof as a party. If service is not requested by the party filing the action within that period, the action shall be dismissed without prejudice, after contradictory hearing, as to the state, state agency, or political subdivision, or any officer or employee thereof, who has not been served. When the state, a state agency, or political subdivision or any officer or employee thereof, is dismissed as a party pursuant to this Section, the filing of the action, even as against other defendants, shall not interrupt or suspend the running of prescription as to the state, state agency, or political subdivision, or any officer or employee thereof. The effect of interruption of prescription as to other persons shall not be affected thereby.”

   1 later decision quote this exact passage
   e.g. Naquin v. Titan Indem. Co.