780 So. 2d 626 - Morgan v. Simon’s Empirical Analysis
2001
Citation profile
5 state decisions
Relationships
Relies on 422 So. 2d 1109 - Jenkins v. St. Paul Fire & Marine Ins. Co. · 481 So. 2d 567 - Louisiana State Bar Ass'n v. Bosworth · Brown v. Car Insurance Co. in Receivership · 657 So. 2d 574 - Benoit v. Roche · 610 So. 2d 1087 - EDWARD J. MILLIGAN, JR., LTD v. Keele
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A. The clerk of the trial court, immediately after the order of appeal has been granted, shall estimate the cost of the preparation of the |4record on appeal, including the fee of the court reporter for preparing the transcript and the filing fee required by the appellate court. The clerk shall send notices of the estimated costs by certified mail to the appellant and by first class mail to the appellee. B. Within twenty days of the mailing of notice, the appellant shall pay the amount of the estimated costs to the clerk. The trial court may grant one extension of the period for paying the amount of the estimated costs for not more than an additional twenty days upon written motion showing good cause for the extension. C. The appellant may question the excessiveness of the estimated costs by filing a written application for reduction in the trial court within the first twenty-day time limit, and the trial court may order reduction of the estimate upon proper showing. If an application for reduction has been timely filed, the appellant shall have twenty days to pay the costs beginning from the date of the action by the trial court on application for reduction. D. After the preparation of the record on appeal has been completed, the clerk of the trial court shall, as the situation may require, either refund to the appellant the difference between the estimated costs and the actual costs if the estimated costs exceed the actual costs, or send a notice by certified mail to the ap”
1 later decision quote this exact passage“In the matter before us, it is clear the appeal had not been abandoned. Whether or not the appellants’ counsel received legal notice under the article, the estimated costs were promptly paid upon receiving notice that a motion to dismiss had been filed. As in Pray the motion to dismiss was filed almost immediately after the 20 days had lapsed. Payment of the estimated costs was made well before the hearing on the motion to dismiss. Under the facts of this case, the trial court abused its discretion by dismissing the appeal. The harsh remedy of dismissal should not be applied in a matter, when the appeal has clearly not been abandoned, without first giving the appellant a brief extension of time to pay. As has been previously noted in this matter, costs were paid well before the hearing.”
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.