KINCHEN v. SOUTHERN TIRE MART, INC.

No. 95-C-2979.

668 So.2d 717 (1996)

Gerald KINCHEN v. SOUTHERN TIRE MART, INC. et al.

Supreme Court of Louisiana.

February 16, 1996.


PER CURIAM.

The application is granted.

The court of appeal erred in applying the manifest error standard after determining that the trial court had made a legal error in applying an inapplicable presumption. Once the court of appeal found legal error which went to the heart of the factfinding process, the court should have proceeded to decide the appeal on the record without any deference to the decision of the trial court.

Accordingly, the judgment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases