Lake Superior Piling Co. v. Mobile Oil Corp.

Louisiana Court of Appeal

Lake Superior Piling Co. v. Mobile Oil Corp.

502 So. 2d 581

CourtLouisiana Court of Appeal

DecidedJanuary 12, 1987

DocketNo. CA094985

StatusPublished

Cited by4 cases

This text of 502 So. 2d 581 (Lake Superior Piling Co. v. Mobile Oil Corp.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lake Superior Piling Co. v. Mobile Oil Corp., 502 So. 2d 581 (La. Ct. App. 1987).

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Opinion

In considering appellant’s application for a rehearing, we have reviewed the affidavit filed in opposition to the motion for summary judgment as if same was filed timely. We conclude that this affidavit does not meet the criteria of La. Code Civ. P. art. 967. The factual allegations made in the affidavit were not based on the personal knowledge of the affiant, nor would the evidence submitted with the affidavit be admissible at trial as proof of the facts alleged. An assertion in an affidavit in opposition to a motion for summary judgment that is based on “the best of [affi-ant’s] knowledge and belief” is insufficient.

CARTER, J., dissents from the denial of the rehearing.

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In considering appellant’s application for a rehearing, we have reviewed the affidavit filed in opposition to the motion for summary judgment as if same was filed timely. We conclude that this affidavit does not meet the criteria of La. Code Civ. P. art. 967. The factual allegations made in the affidavit were not based on the personal knowledge of the affiant, nor would the evidence submitted with the affidavit be admissible at trial as proof of the facts alleged. An assertion in an affidavit in opposition to a motion for summary judgment that is based on “the best of [affi-ant’s] knowledge and belief” is insufficient.

CARTER, J., dissents from the denial of the rehearing.

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502 So. 2d 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-superior-piling-co-v-mobile-oil-corp-lactapp-1987.

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