Supreme Court of Louisiana, 2019

Arvie v. Cullivan

Arvie v. Cullivan
Supreme Court of Louisiana · Decided January 18, 2019 · Grant, Hughes, Reasons, Writ
261 So. 3d 771 (Southern Reporter, Third Series)

Arvie v. Cullivan

Opinion of the Court

Hughes, J., would grant the writ.

*772Respectfully, the trial court denied the motion to proceed in forma pauperis without a hearing and without reasons, by merely writing "denied" on the motion.

Plaintiff is entitled to the presumption provided by La. Code Civ. P. art. 5183(B). The law is clear. It was error to deny the motion without a hearing and evidence to rebut the presumption.

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