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Hubert ARVIE v. Arthur CULLIVAN

Louisiana Supreme Court2019-01-18No. No. 2018-CC-1871
261 So. 3d 771

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Hughes, J., would grant the writ.

Respectfully, 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.