Opinion

Loughlin v. United Services Automobile Ass'n

  • 2013 La.App. 4 Cir. 1285
  • 144 So. 3d 113
  • 2014 La. App. LEXIS 1511
  • 2014 WL 2532449
Court
Louisiana Court of Appeal
Filed
Jun 4, 2014
Status
Published
Author
Jenkins
On the bench
Bagneris, Dysart, III, Jenkins, Landrieu, McKay
Cited by
1 cases
Authority
More cited than 17.2%

The opinion

JENKINS, J.,

dissents with reasons.

|,I respectfully dissent from the majority’s opinion, finding that the trial court did not manifestly err in granting United Services Automobile Association’s exception of prescription. Under the manifest error standard of review, even if this Court would have decided the case differently had it been the original trier of fact, the trial court’s judgment should nonetheless be affirmed unless it is found to be clearly wrong. Welch v. Winn-Dixie, 94-2331 (La.5/22/95), 655 So.2d 309 . A finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court is left with the definite and firm conviction that a mistake has been committed. U.S. v. United States Gypsum Co., 333 U.S. 364, 394 , 68 S.Ct. 525, 541 , 92 L.Ed.2d 746, 766 (1948). See also, Stobart v. State, Through Dep’t of Transp. & Dev., 617 So.2d 880, 882 (La.1993); Sistler v. Liberty Mutual Ins. Co., 558 So.2d 1106, 1112 (La. 1990). Based on a review of the record, I cannot say that the trial court was clearly wrong and would therefore affirm the trial court’s judgment grating the exception of prescription.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.