Legal Opinion · Concurrence

Feist v. Ferguson

Louisiana Court of Appeal

Decided November 23, 2011No. 2011-CA-0643Published

1ConcurrenceBelsome, J.

111 agree with the result reached by the majority but write separately to emphasize that summary judgments deprive litigants of the opportunity to present their evidence to a factfinder and therefore should be granted only when the evidence presented at the motion for summary judgment establishes that there is no genuine issue of material fact in dispute. Independent Fire Ins. Co. v. Sunbeam Corp., 1999-2181, p. 17 (La.2/29/00), 755 So.2d 226, 236. Accordingly, summary judgment is generally inappropriate when a court is faced with competing affidavits. See, e.g., Hutchinson v. Knights of…

2Cases cited4 opinions

  1. Independent Fire Ins. Co. v. Sunbeam Corp.Supreme Court of Louisiana · 2000
  2. Hutchinson v. KNIGHTS OF COLUMBUS, NO. 5747Supreme Court of Louisiana · 2004
  3. Cheramie Services, Inc. v. Shell Deepwater Production, Inc.Supreme Court of Louisiana · 2010
  4. Sizeler Property Investors, Inc. v. Gordon Jewelry Corp.Louisiana Court of Appeal · 1989

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