Case law

Terrell v. Terrell

151 So. 661 · Louisiana Court of Appeal · Jan 3, 1934

Terrell, qualified as administrator of his son’s succession December 12, 1932, as shown in probate proceedings No. 3862, this court. … The evidence which the court states it considered, although not admissible, to our mind clearly establishes the fact that, at the time.of the death of plaintiff’s husband, she was in necessitous circumstances, and in fact

State ex rel. Rogers v. Louisiana State Board of Optometry Examiners

103 So. 2d 512 · Louisiana Court of Appeal · May 26, 1958

The purpose of the testimony of this witness was intended to establish the necessity for the adoption of the resolution in question, and Dr. … of unethical practices, specifically the advertising of business enterprises allegedly practicing optometry and the lending of the name of licensed practitioners to other persons representing themselves to the public as qualified

Marty Melerine and Oyster Fisheries, Inc. v. Tom's Marine & Salvage, LLC, Tom's Welding, Inc., Triple T Marine, LLC, Captain James Williams, Allianz Global Risks US Insurance Company, and Allianz Global Corporate and Specialty Se

Louisiana Court of Appeal · Mar 4, 2020

the finding is clearly wrong.’” … them cannot be manifestly erroneous or clearly wrong.”

State v. Mitchell

598 So. 2d 1271 · Louisiana Court of Appeal · Apr 30, 1992

The judge was clearly acting within his discretion. … The cocaine was properly admitted into evidence; the chain of custody was established; and a qualified expert testified that the substance was in fact cocaine.

Murray v. Department of Police

97 La.App. 4 Cir. 2650 · Louisiana Court of Appeal · May 27, 1998

Acknowledging the appointing authority's burden of proof as a preponderance of the evidence, the court reiterated, "Although the facts must be clearly established, they need not be established beyond a reasonable doubt as … Clearly, Blappert does not so hold. Indeed, the Blappert court noted that a qualified representative of MMU could have testified in place of the unavailable collector.

State v. Mead

16 So. 3d 470 · Louisiana Court of Appeal · Jul 1, 2009

Jurisprudence indicates that the trial court must be clearly and firmly convinced that the mandatory life sentence is excessive. … R.S. 15:308 are only available to qualified persons once their convictions and sentences are final, and the statute only allows a qualified person to seek relief with the Risk Review Panel, not with the judiciary.

Stevens v. Stevens

340 So. 2d 584 · Louisiana Court of Appeal · Nov 15, 1976

Linda Marie Floyd, clinical psychologist qualified as an expert, testified that she had interviewed Mrs. Stevens on two occasions. She concluded that Mrs. … were presented to counter the application of the maternal preference rule: (1) The children have been living with the father for a period of some five years since the separation; *588 (2) The father has since remarried and established

Hamilton v. Burns

2016 La.App. 4 Cir. 0107 · Louisiana Court of Appeal · Sep 28, 2016

of fact unless that finding is clearly wrong in light of the record reviewed in its entirety.” … Second, “the appellate court must further determine that the record establishes that the finding is clearly wrong (manifestly erroneous).” Id.

Jones v. Henry

533 So. 2d 1279 · Louisiana Court of Appeal · Nov 9, 1988

twenty-five motor vehicles are registered or who owns property in Louisiana assessed in his name having a value of fifteen thousand dollars or more after deducting any encumbrances thereon from its assessed valuation may qualify … On the contrary, the insureds accepted uninsured motorist coverage at bargained for limits as established by their contract with Hartford. For the foregoing reasons, the judgment is affirmed.

Thibodeaux v. Paradigm Ins. Co.

96 La.App. 1 Cir. 0375 · Louisiana Court of Appeal · Feb 20, 1998

The petitioner sought a declaratory judgment against the Louisiana Patient's Compensation Fund (PCF) on the issue of qualified healthcare coverage pursuant to the Louisiana Medical Malpractice Act. … The interest of justice in this extreme case clearly requires that the legal error at the trial court level be addressed. Louisiana Rules of Court, Rule 1-3.

Plotkin v. Martino

192 So. 2d 381 · Louisiana Court of Appeal · Feb 3, 1967

Accordingly, Plaintiff is clearly entitled to invoke the doctrine of res ipsa loquitur, thus shifting the burden of proof upon Defendant to establish his son's freedom from negligence. Adams v. … Furthermore, the Independent Appraisal Company's man was qualified as an expert, and Mr. Warren (the mechanic) acknowledged that it is common practice for repair shops to accept Independent Appraisal's estimates.

Smith v. Riley

424 So. 2d 1166 · Louisiana Court of Appeal · Dec 21, 1982

The article clearly provides in the first sentence that "(t)he congregation shall elect a board of trustees...". … Clearly, the pastor usurped the authority given to the congregation in this article.

Rome v. London & Lancashire Indemnity Co.

156 So. 64 · Louisiana Court of Appeal · Jun 28, 1934

They are established to promote public health and education. It is almost universally held that the establishment of departments of police, schools, health and fire by cities is a governmental function.” … That fact is clearly pointed out by the Supreme Court of California in Reliar v. City of Los Angeles, supra.

Chase v. Dunbar

185 So. 2d 563 · Louisiana Court of Appeal · Apr 4, 1966

Assuming, as argued by defendant, plaintiff initially assisted Dunbar in pouring gasoline into the carburetor of the stalled automobile, the record clearly establishes that at the time of the accident plaintiff was totally … Nor is it shown whether or not they were qualified auto mechanics. Dunbar's testimony is to the effect he assumed the individuals were competent mechanics who knew their trade.

Medical Review Panel Proceedings for the Claim of Serpas v. Tulane University Hospital & Clinic

161 So. 3d 726 · Louisiana Court of Appeal · May 14, 2014

that the fact-finder is clearly wrong or manifestly erroneous. … Barrack’s testimony, establishes that Dr. Barrack did not breach the standard of care.

Colchoneria Jiron v. Blumenthal Print Works

629 So. 2d 1288 · Louisiana Court of Appeal · Dec 16, 1993

The error must have been obvious and capable of being readily and instantly perceived by the average person qualified to serve as an arbitrator. … The preponderance of all the evidence taken together did not establish the fact that the defect was caused by [the] fault of Blumenthal."

Thrift Funds Canal, Inc. v. Foy

242 So. 2d 253 · Louisiana Court of Appeal · Dec 7, 1970

The question at hand is more specific and calls only for a determination of whether the 1963 “conventional” mortgage qualifies as such an instrument notwithstanding the lack of express provision for future use. … mortgage does not contain the stipulation that it should regarding future advances, it may yet be construed to embrace them as a consideration; but, as between a transferee of a mortgage and a third person, the former cannot establish

Clifton v. LOUISIANA FARM BUREAU CAS. INS. CO.

510 So. 2d 759 · Louisiana Court of Appeal · Jun 23, 1987

Farm Bureau contends the trial court was clearly wrong in holding that it failed to prove the arson defense. … Three witnesses qualified as experts in the field of the origin and causation of fires also testified that the fire was intentionally set.

Bolton v. Willis-Knighton Medical Center

116 So. 3d 76 · Louisiana Court of Appeal · Apr 24, 2013

to establish the standard 17of care as to WK. … that the factfin-der is clearly wrong or manifestly erroneous.

Campbell v. New Orleans Saints

12 La.App. 5 Cir. 886 · Louisiana Court of Appeal · May 16, 2013

Evidence presented at the hearing before the Office of Workers’ Compensation (OWC) judge established that Mr. Campbell did volunteer coaching work for several months after his injury. … Before addressing these issues, we first note that under the CBA, the Saints qualified for the 25 weeks of credit against compensation which might have been owed. Since Mr.