Legal Opinion

Arias v. Stolthaven New Orleans, L.L.C.

Supreme Court of Louisiana

Decided May 5, 2009No. 2008-C-1111PublishedCited by 133 opinions

1Opinion of the Court

GUIDRY, Justice.

hThe issue presented in this case is whether the evidence introduced by the plaintiffs, Arsenio and Lorena Arias, against an insurance carrier to confirm a default judgment was sufficient to establish a prima facie case under Louisiana Code of Civil Procedure article 1702. After reviewing the record and the applicable law, we find that the plaintiffs failed to sustain their burden of proof for confirmation of the default judgment. Accordingly, we reverse the decision of the court of appeal and vacate the trial court judgment. The matter is remanded to the trial court for…

2Cases cited16 opinions

  1. Rosell v. EscoSupreme Court of Louisiana · 1989
  2. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  3. Hall v. Excelsior Steam Laundry Co.Louisiana Court of Appeal · 1926
  4. Cole v. MurrayLouisiana Court of Appeal · 1927
  5. Thibodeaux v. BurtonSupreme Court of Louisiana · 1989

11 more not listed; retrieve them via the Exa API.

3Cited by133 opinions

  1. Gorman v. MillerLouisiana Court of Appeal · 2013
  2. Burley v. New York Life Insurance Co.Louisiana Court of Appeal · 2015
  3. White Haute, LLC v. MayoLouisiana Court of Appeal · 2010
  4. Whitney Bank v. Nogg, L.L.C.Louisiana Court of Appeal · 2016
  5. Williams v. INTERSTATE DODGE INC.Louisiana Court of Appeal · 2010

128 more not listed; retrieve them via the Exa API.

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

Powered by the Exa API