From Casetext: Smarter Legal Research

Degravelles v. Bernard

Supreme Court of Louisiana
Jan 18, 1994
629 So. 2d 1187 (La. 1994)

Summary

In DeGravelles v. Bernard, 94-0137 (La. 1/18/94), 629 So.2d 1187, the Louisiana supreme court granted writs and held that where a hearing involved questions of fact, sought to be established by affidavits, which are either dispositive of or central to the disposition of the case, those affidavits are not admissible.

Summary of this case from Ford v. Murphy Oil U.S.A.

Opinion

No. 94-CC-0137.

January 18, 1994.

In re Bowen, Kenneth Mayor; Lafayette City of; — Defendant(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Third Circuit, No. CW94-0044; Parish of Lafayette, 15th Judicial District Court, Div. "C", No. 93-5742-4A.


Granted. The judgment of the court of appeal is reversed. The judgment of the trial court is reinstated. The hearing involves questions of fact, sought to be established by the affidavits, which are dispositive of or central to the disposition of the case. The affidavits are not admissible under Code of Evidence Article 1101 (B)(8).

MARCUS, J., not on panel.


Summaries of

Degravelles v. Bernard

Supreme Court of Louisiana
Jan 18, 1994
629 So. 2d 1187 (La. 1994)

In DeGravelles v. Bernard, 94-0137 (La. 1/18/94), 629 So.2d 1187, the Louisiana supreme court granted writs and held that where a hearing involved questions of fact, sought to be established by affidavits, which are either dispositive of or central to the disposition of the case, those affidavits are not admissible.

Summary of this case from Ford v. Murphy Oil U.S.A.
Case details for

Degravelles v. Bernard

Case Details

Full title:CHARLES DEGRAVELLES, ET AL. v. THE HON. ANDY STEVEN BERNARD, REGISTRAR OF…

Court:Supreme Court of Louisiana

Date published: Jan 18, 1994

Citations

629 So. 2d 1187 (La. 1994)

Citing Cases

Ford v. Murphy Oil U.S.A.

In DeGravelles v. Bernard, 94-0137 (La. 1/18/94), 629 So.2d 1187, the Louisiana supreme court granted writs…