Tom Slay, Inc. v. Continental Casualty Co.

Supreme Court of Louisiana January 9, 1976

Tom Slay, Inc. v. Continental Casualty Co., 324 So. 2d 433 (La. 1976)

1976 La. LEXIS 5110

Dixon, Expressed, Tate

Opinion of the Court

In re: Tom Slay, Inc., applying for Cer-tiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Tangipa-hoa.

Writ denied. On the facts found by the Court of Appeal the result is correct. 321 So.2d 863.

Dissenting Opinion

TATE, Justice

(dissenting).

The written reasons of the trial judge, rendered at the time but only included in the record after the Court of Appeal opinion, made specific and reasonable evaluations of credibility of the opposing witnesses. The Court of Appeal was in error in substituting its own evaluation of credibility for the trier of fact, after the record was supplemented for consideration for the application for rehearing.

DIXON, J., dissents for reasons expressed by TATE, J.

Reference

Full Case Name: TOM SLAY, INC. v. CONTINENTAL CASUALTY CO.
Status: Published