Henry v. Henry’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The trial court is in the best, position to ascertain the best interest ;of the child which is the paramount consideration in determining child custody. La.Civ.Code art. 131; Evans v. Lungrin, 97-541 (La. 2/6/98), 708 So.2d 731 . Accordingly, the trial court’s determination regarding child custody is entitled to great weight and will not be disturbed on appeal absent a clear abuse .of discretion. Aucoin v. Aucoin, 02-766 (La.App. 3 Cir. 12/30/02) , 834 So.2d 1245 . A trial court’s determination of a child’s best interest is usually based heavily on factual findings. Henry v. Henry, 08-689 (La.App. 1 Cir. 9/23/08) , 995 So.2d 643 . It is well settled that an appellate court cannot set aside a trial court’s factual findings in the absence of manifest error or unless the findings are clearly wrong. Rosell v. ESCO, 549 So.2d 840, 844 (La.1989). In order to reverse a fact finder’s determination of fact, an appellate court must review the record in its entirety and (1) find that a reasonable factual basis does not exist for the finding, and (2) further determine that the record clearly establishes that the fact finder is clearly wrong or manifestly erroneous. Stobart v. State, DOTD, 617 So.2d 880, 882 (La. 1993). If the trial court’s findings are reasonable in light of the record reviewed in its entirety, an appellate court may not reverse those findings even though convinced it would have weighed the evidence differently had it been the trier of fact. Rosell, 549 So.2d at 844 . An”

   1 later decision quote this exact passage
   e.g. 223 So. 3d 139 - Guinn v. Guinn