Hogan v. Hogan

Supreme Court of Louisiana
Hogan v. Hogan, 182 So. 3d 953 (La. 2016)
2016 La. LEXIS 83; 2016 WL 236568
Crichton

Hogan v. Hogan

Opinion of the Court

On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish Of Ouachi-ta.

11 Writ denied.

HUGHES, J., would grant the writ.

hTwo wrongs do not make a right. Ignoring the law (Louisiana Civil Code article 113(C)) in order to attempt to punish Mr. Hogan for payment arrearages is not the correct remedy here. There are specific legal remedies available, including contempt of court and an award of costs and attorney’s fees, to collect these arrear-ages.

Concurring Opinion

CRICHTON, J.

additionally concurs and assigns reasons:

hi agree with the majority’s denial of this writ application, as the application presents no La. Sup.Ct. Rule X writ grant considerations. However, I write separately to emphasize the exemplary work of the trial judge in this lengthy, highly contested, and disturbing domestic case. Specifically, the fully engaged 'trial judge thoroughly examined the testimony of all witnesses, all exhibits submitted by both plaintiff and deféndant, and issued comprehensive written reasons supporting his rulings. “In'the area of domestic' relations; much discretion must be vested in the trial judge' and particularly in evaluating the weight of evidence which is to be resolved primarily on the basis of credibility of witnesses! The trial judge having observed the demeanor of thé witnesses is in the better position to rule bn théir credibility. . The factual findings of the. trial court are therefore to be accorded very substantial weight on review.” Pearce v. Pearce, 348 So.2d 75, 78 (La. 1977) .(internal citations omitted). In my view, not only did this trial judge appropriately utilize the vast discretion afforded him, I feel compelled to note his excellent work in such a difficult case.

Reference

Full Case Name
Jill Adams HOGAN v. Richard Russell HOGAN
Status
Published