Littlejohn v. Quiram’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Pursuant to LSA-C.C.P. art. 2164, an appellate court must render judgment upon the record on appeal. The record on appeal is that which is sent by the trial court to the appellate court and includes the pleadings, court minutes, transcript, jury instructions, judgments and other rulings, unless otherwise designated. LSA-C.C.P. arts. 2127 and 2128. An appellate court cannot review evidence that is not in the record on appeal and cannot receive new evidence. Augustus v. St. Mary Parish School Board, 95-2498 (La.App. 1st Cir.6/28/96); 676 So.2d 1144, 1156 . The appellate briefs of parties are not a part of the record on appeal, and this court has no authority to consider on appeal facts referred to in appellate briefs, or in exhibits attached thereto, if those facts are not in the record on appeal. Augustus v. St. Mary Parish School Board, 676 So.2d at 1156 ; Dawson v. Cintas Corp., 97-2275 (La.App. 1 Cir. 6/29/98) , 715 So.2d 165, 167 . In fact, the Louisiana Fifth Circuit Court of Appeal has held that "an appellate court is forbidden by the law and jurisprudence to consider evidence which is outside the record on appeal." Barrois v. Wal-Mart Stores, Inc., 97-636 (La.App. 5 Cir. 11/25/97) , 703 So.2d 798, 799 . Littlejohn v. Quiram, supra, 800 So.2d at 74 .”

   1 later decision quote this exact passage · from the majority
   e.g. 927 So. 2d 553 - Boes Iron Works v. Trav. Cas. and Sur. Co.

2. “The appellate briefs and motions of the parties and attachments thereto are not a part of the record on appeal, and this court has no authority to consider on appeal facts referred to therein, or in exhibits attached thereto, if those facts are not in the record on appeal.”

   1 later decision quote this exact passage · from the majority
   e.g. 35 So. 3d 384 - Fisher v. MAJESTIC TRUCKING, INC.

3. “an appellate court is forbidden by the law and jurisprudence to consider evidence which is outside the record on appeal.”

   1 later decision quote this exact passage · from the majority
   e.g. 927 So. 2d 553 - Boes Iron Works v. Trav. Cas. and Sur. Co.