Bryant v. Milligan’s Empirical Analysis
2001
Citation profile
5
cited by 5 later decisions
1
states following
June 2009
most recently cited
5 state decisions
Relationships
Relies on 734 So. 2d 1257 - Antoine v. McDonald's Restaurant · 720 So. 2d 1278 - Brown v. American Nat. Property & Cas. Co. · 7400 St. Charles Avenue Corp. v. City of New Orleans · Martin v. Kroger Co. · 451 So. 2d 621 - Pelt v. Guardsmark, Inc.
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.
“§ 850. Facsimile transmission; filings in civil actions; fees; equipment and supplies A. Any paper in a civil action may be filed with the court by facsimile transmission. All clerks of court shall make available for their use equipment to accommodate facsimile filing in civil actions. Filing shall be deemed complete at the time that the facsimile transmission is received and a receipt of transmission has been transmitted to the sender by the clerk of court. The facsimile when filed has the same force and effect as the original. B. Within five days, exclusive of legal holidays, after the clerk of court has received the transmission, the party filing the document shall forward the following to the clerk: (1) The original signed document. (2) The applicable filing fee, if any. (3) A transmission fee of five dollars. C. If the party fails to comply with the requirements of Subsection B, the facsimile filing shall have no force or effect. The various district courts may provide by court rule for other matters related to filings by facsimile transmission. ***”
3 later decisions quote this exact passage · from the majority“Based on the applicable statutes and caselaw, as well as a full reading of LSA-R.S. 13:850, we do not believe the legislature intended to allow litigants to skirt the strict confines of the prescription articles by transmitting a facsimile of a petition to a clerk's office within the prescriptive period, but then not have a deadline within which to file the original signed and verified document, along with the applicable filing fees and statutorily-imposed transmission fee. While the legislature could have crafted the statute more precisely, it is clear upon reading LSA-R.S. 13:850 that a litigant can only avail himself of the convenience of filing a pleading by facsimile transmission if the litigant ensures that the original document is received by the clerk's office, along with all applicable fees, within five days, exclusive of legal holidays, of the date of the facsimile transmission. Any other interpretation discharges the legal and logical duty imposed on the party seeking to assert a claim to ensure that it is properly placed before a court of law. See Granger v. Jefferson Parish Department of Recreation, 00-1811 (La.App. 5 Cir. 3/14/01) , 783 So.2d 471 ; Antoine v. McDonald's Restaurant, 98-1736 (La.App. 3 Cir. 5/5/99) , 734 So.2d 1257 ; Brown v. American Nat. Property & Casualty Co., 98-2292 (La.App. 4 Cir. 10/28/98) , 720 So.2d 1278 ; Martin v. Kroger, 29,915 (La.App. 2 Cir. 10/29/97), 702 So.2d 347 , writ denied, 98-0033 (La.3/13/98), 712 So.2d 881 ; Inferno Associ”
2 later decisions quote this exact passage · from the majority“[a]s long as the original signed document, and the applicable filing and transmission fees are forwarded to the clerk of court within five days after the clerk has received the transmission, the facsimile when filed has the same force and effect as the original.”
1 later decision quote this exact passage · from the majority
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.