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← 797 So. 2d 712 - Carpenter v. Carpenter

797 So. 2d 712 - Carpenter v. Carpenter’s Empirical Analysis

2001

Citation profile

1
cited by 1 later decisions
1
states following
July 2006
most recently cited

1 state decisions

Relationships

Relies on 418 So. 2d 575 - Hoefly v. Government Employees Ins. Co. · 557 So. 2d 966 - Great SW Fire Ins. Co. v. CNA Ins. Companies · 672 So. 2d 319 - James v. Formosa Plastics Corp. of La. · 683 So. 2d 285 - Gailliard Gin, Inc. v. Louisiana Power & Light Co. · 791 So. 2d 120 - Ransome v. Ransome

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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Both the Ransome and Gerald cases dealt with issues incidental to the parties' marriage. The parties were trying to settle issues between themselves relating to their marriage. Such is not the case here. This matter does not pertain to the classification of property or the determination of responsibility of debts as between the parties. In the case sub judice there is a third party (the succession) seeking satisfaction of a judgment from solidary obligors. One of the obligors paid the obligation in full and is now seeking contribution from the other obligor. The issues to be resolved are not between the former spouses, as such, but as co-debtors obligated to the succession. Carpenter at 5, 797 So.2d at 715-716 . Thus, the Gerald case, which involved a contest over community-owned retirement plan proceeds, clearly indicates that cases involving the classification of property as community or separate, like the instant case, fall within the subject-matter jurisdiction of the East Baton Rouge Parish Family Court, while the Carpenter case indicates that claims involving spouses, who are respectively obligated as co-debtors to a third-party creditor, do not fall within the jurisdiction of the family court.”
    1 later decision quote this exact passage
  2. “all actions for the settlement of claims arising from matrimonial regimes.”
    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.