Bodin v. Bodin

16 Citing cases

  1. State v. Hoffpauir

    232 So. 3d 670 (La. Ct. App. 2017)   Cited 2 times

    Pursuant to La.Code Civ.P. art. 2164, appellate courts "have the power to remand an action for proper consideration when the record is so incomplete that the court is unable to pronounce definitely on the issues presented or where the parties have failed, for whatever reason, to produce available evidence material to a proper decision." Bodin v. Bodin , 392 So.2d 759, 762 (La.App. 3 Cir. 1980). Furthermore, La.Code Civ.P. art. 2161 provides, in part, that "[a]n appeal shall not be dismissed because the trial record is missing, incomplete or in error no matter who is responsible, and the court may remand the case either for retrial or for correction of the record."

  2. We Sell Used Cars, Inc. v. United National Insurance

    715 So. 2d 656 (La. Ct. App. 1998)   Cited 23 times
    In We Sell Used Cars, supra, this court determined that the claim for penalties and attorney fees under § 658 A(1) is a personal action subject to 10-year prescription.

    However, appellate courts are given the power to remand an action for proper consideration when the record is so incomplete that the court is unable to pronounce definitely on the issues presented or where the parties have failed, for whatever reason, to produce available evidence material to a proper decision. Bodin v. Bodin, 392 So.2d 759 (La. App. 3rd Cir. 1980); Dardar v. Texoma Contractors, Inc., 446 So.2d 890, 893, (La.App. 1 Cir. 1984).

  3. Ferguson v. Joiner

    667 So. 2d 1133 (La. Ct. App. 1996)   Cited 3 times

    An appellate court is given the power to remand an action for proper consideration when the record is so incomplete that the court is unable to pronounce definitively on the issues presented or where the parties have failed, for whatever reason, to produce available evidence material to a proper decision. Bodin v. Bodin, 392 So.2d 759 (La.App. 3 Cir. 1980). It is fair and logically consistent with existing jurisprudence to remand this case for submission of additional competent evidence by the parties material to the issues raised. La. Code Civ.P. arts. 2132 and 2161.

  4. Myers v. Myers

    625 So. 2d 211 (La. Ct. App. 1993)

    Appellate courts are given the power to remand an action for proper consideration when the record is so incomplete that the court is unable to pronounce definitely on the issues presented or where the parties have failed, for whatever reason, to produce available evidence material to a proper decision. Bodin v. Bodin, 392 So.2d 759 (La.App. 3rd Cir. 1980). It is fair and logically consistent with existing jurisprudence to remand the case to allow the parties to submit additional competent evidence showing the value of Mr. Myers' retirement plan at the time of the partition; his entitlement to full ownership of the retirement benefits in consideration of the partition agreement; and for other legal evidence supporting the value figures assigned to the movable community assets by the court. I do not share the majority factual summation of Mrs. Myers' testimony regarding the parties' respective liability for the home mortgage.

  5. Reed v. Arthur

    556 So. 2d 937 (La. Ct. App. 1990)   Cited 7 times
    In Reed v. Arthur, 556 So. 2d 937, 942 (La. App. 3 Cir. 1990), the court also found injuries were sustained outside the course and scope of employment where an employee was injured while being transported to the job site by a co-employee in the employer's vehicle.

    The record on appeal is completely devoid of any evidence pertaining to the allegations raised in either the petition of intervention or the plaintiff's answer thereto. It is well-established in Louisiana jurisprudence that an appellate court can remand an action for proper consideration when the record is so incomplete that the court is unable to pronounce definitively on presented issues or where the parties have failed, for whatever reasons, to produce available evidence material to a proper decision. Dangerfield v. Harris, 484 So.2d 838 (La.App. 1st Cir. 1986); Cheramie v. Bone, 444 So.2d 200 (La.App. 1st Cir. 1983); Bodin v. Bodin, 392 So.2d 759 (La.App. 3d Cir. 1980). We determine that in the interest of justice, this intervention should be remanded to the trial court for trial on the merits.

  6. Duhon v. Mid-American Cas. Co.

    553 So. 2d 1100 (La. Ct. App. 1989)   Cited 4 times

    This matter is remanded to the trial court for consideration of plaintiff's demands against E J Insurance Agency, Inc., Joy Devillier and Employers Reinsurance Company. La.C.C.P. art. 2164; Bodin v. Bodin, 392 So.2d 759 (La.App. 3rd Cir. 1980). Albert Duhon is cast with all costs of this appeal.

  7. Gulf Air v. Secretary, Dept., Revenue

    553 So. 2d 1091 (La. Ct. App. 1989)

    It is well-established in Louisiana jurisprudence that an appellate court can remand an action for proper consideration when the record is so incomplete that the court is unable to pronounce definitively on presented issues or where the parties have failed for whatever reasons to produce available evidence material to a proper decision. Dangerfield v. Harris, 484 So.2d 838 (La.App. 1st Cir. 1986); Cheramie v. Bone, 444 So.2d 200 (La.App. 1st Cir. 1983); Bodin v. Bodin, 392 So.2d 759 (La.App. 3d Cir. 1980). We determine that, in the interests of justice, this case should be remanded to the district court with instructions to reopen the record for evidence concerning the date upon which the Tax Board denied the rehearing and the date upon which the plaintiff first received notice of the denial.

  8. Pitre v. Pitre

    501 So. 2d 344 (La. Ct. App. 1987)   Cited 6 times

    Apart from the internal inconsistency of the majority's opinion (and assuming arguendo that liabilities are to be fixed at the time of termination), I feel that the evidence in the record is so incomplete that this court is unable to reach a just decision as to the amount of liabilities burdening Pitre Distributor ship at the time of termination. La.C.C.P. art. 2164; Cheramie v. Bone, 444 So.2d 200 (La.App. 1st Cir. 1983); Bodin v. Bodin, 392 So.2d 759 (La.App. 3d Cir. 1980). As I feel that this case should be reversed and remanded for the reasons stated above, I dissent.

  9. Campbell v. Luke Const. Co.

    474 So. 2d 569 (La. Ct. App. 1985)   Cited 1 times

    Under the authority of LSA-C.C.P. art. 2164 we remand the case to the trial court with instructions to reopen the record for evidence of the nature and extent of Campbell's disability, and the amount of compensation he is owed. See Bodin v. Bodin, 392 So.2d 759 (La.App. 3d Cir. 1980) and authorities therein cited. REMANDED FOR FURTHER PROCEEDINGS.

  10. Sanchez v. Sanchez

    460 So. 2d 24 (La. Ct. App. 1984)   Cited 2 times

    However, appellate courts are given the power to remand an action for proper consideration when the record is so incomplete that the court is unable to pronounce definitively on the issues presented or where the parties have failed, for whatever reason, to produce available evidence material to a proper decision. LSA-C.C.P. Art. 2164; Dardar v. Texoma Contractors, Inc., 446 So.2d 890 (La.App. 1st Cir. 1984); Crews v. Crews, 432 So.2d 377 (La.App. 1st Cir. 1983); Bodin v. Bodin, 392 So.2d 759 (La.App. 3rd Cir. 1980). Under the particular circumstances of this case, we feel that the interest of justice requires that the judgment of the trial court as to the child support award be reversed and the case be remanded for a new trial solely on the issue of child support.