TONY DOOLEY Vs. CJ JOHNSON HOME IMPROVEMENT & CORNELIUS JOHNSON (Concurrent Opinion)
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TONY DOOLEY * NO. 2022-CA-0011 VERSUS * COURT OF APPEAL CJ JOHNSON HOME IMPROVEMENT & CORNELIUS JOHNSON * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* TGC CHASE, J., CONCURS IN THE RESULT I concur with the result reached by the majority that this appeal should be dismissed as untimely. I write separately to note that, based upon the merits of this appeal, I would have affirmed the trial court’s judgment. “When findings are based on determinations regarding the credibility of witnesses, the manifest errorclearly wrong standard demands great deference to the trier of fact’s findings.” Rosell v. ESCO, 549 So.2d 840, 845-846 (La. 1989). If objective evidence contradicts the witness’s story, or the story itself is so internally inconsistent or implausible that a reasonable fact finder would not give it credit, an appellate court may well find manifest error even in a finding purportedly based upon a credibility determination. Id. “But where such factors are not present, and a factfinder’s finding is based upon its decision to credit the testimony of one of two or more witnesses, that finding can virtually never be manifestly erroneous or clearly wrong.” Id.
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