Legal Opinion · Dissent

Guidry v. Bernard

Louisiana Court of Appeal

Decided December 10, 2014No. 14-234Published

1DissentAmy, J.

11 Because I find that the trial court was not manifestly erroneous or clearly wrong in making its findings of fact, I respectfully dissent from the majority decision.

It is a long-standing tenant of Louisiana law that the trial court’s factual findings are subject to the manifest error / clearly wrong standard of review. Snider v. Louisiana Med. Mut. Ins. Co., 13-579 (La.12/10/13), 130 So.3d 922 (citing Rosell v. ESCO, 549 So.2d 840 (La.1989)). In order to reverse the factfinder’s determinations, the appellate court must determine both that a reasonable factual basis for the determination…

2Cases cited5 opinions

  1. Rosell v. EscoSupreme Court of Louisiana · 1989
  2. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  3. Miller v. LeonardSupreme Court of Louisiana · 1991
  4. Snider v. Louisiana Medical Mutual InsuranceSupreme Court of Louisiana · 2013
  5. In Re Succession of LawlerLouisiana Court of Appeal · 2008

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API