Supreme Court of Louisiana, 1986

Caplan v. Latter & Blum, Inc.

Caplan v. Latter & Blum, Inc.
Supreme Court of Louisiana · Decided February 6, 1986 · Dennis
481 So. 2d 1322; 1986 La. LEXIS 8120 (Southern Reporter, Second Series)

Caplan v. Latter & Blum, Inc.

Opinion of the Court

For majority opinion, see 468 So.2d 1188 (La. 1985).

Dissenting Opinion

DENNIS, Justice,

dissenting.

I respectfully dissent, and would affirm for the reasons given by the court of appeal, Caplan v. Latter & Blum, Inc., 462 So.2d 229 (La.App. 5th Cir. 1985). The majority opinion exceeded the proper role of an appellate court in review of facts. As the court of appeal observed, the evidence adduced at trial clearly showed that Dr. Caplan’s concern about the financial responsibility of the proposed sublessee was reasonable, and was supported by testimony of a qualified expert witness, a certified public accountant. Furthermore, the majority has misconstrued La.Civ. Code 2725, under which restrictions on subleases are strictly construed against the lessee. See Illinois Central Gulf Railroad v. International Harvester Co., 368 So.2d 1009 (La. 1979).

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