Legal Opinion · Dissent

Fairrow v. Marves

Louisiana Court of Appeal

Decided December 23, 2003No. 03-169Published

1Dissent

| WOODARD, J.,

dissenting.

I respectfully dissent from the majority’s opinion.

Ms. King’s heirs provided evidence, the inferences of which indicate that, more likely than not, it was her separate funds, not his, which were responsible for the property’s purchase. As our supreme court has instructed, “[Fjactual inferences reasonably drawn from the evidence must *1240be construed in favor of the party opposing the motion [for summary judgment], and all doubt must be resolved in the opponent’s favor.” 1 (Emphasis added.) Thus, the inferences from Ms. King’s evidence should preclude summary judgment for…

2Cases cited11 opinions

  1. Willis v. MeddersSupreme Court of Louisiana · 2000
  2. Sharp v. ZellerSupreme Court of Louisiana · 1902
  3. Succession of BurkeSupreme Court of Louisiana · 1901
  4. Smith v. SmithSupreme Court of Louisiana · 1956
  5. Succession of HemenwaySupreme Court of Louisiana · 1955

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