Case law

Succession of Harvey

573 So. 2d 1304 · Louisiana Court of Appeal · Jan 23, 1991

Art. 1591, the witnesses are presumed and deemed qualified. The contention made lacks merit. … The evidence clearly establishes that the notary accomplished the intended purpose of the reading of the testament, viz., to ensure that the person executing the document knows its contents. Hence, no error occurred.

Pugh v. City of Plaquemine

996 So. 2d 702 · Louisiana Court of Appeal · Dec 10, 2008

We therefore cannot find that the trial court was clearly wrong in its factual findings. These assignments of error lack merit. B. … The evidence clearly establishes that some degree of comparative fault should have been attributed to Ms Pugh. Therefore, I respectfully dissent in part. NOTES [1] LSA-C.C. art. 2315: A.

Guidry v. Our Lady of the Lake Nurse Anesthesia Program ex rel. Our Lady of the Lake College

170 So. 3d 209 · Louisiana Court of Appeal · Jan 29, 2015

Guidry submitted a grade appeal and a program dismissal appeal, asserting that exam answers were incorrectly marked wrong and that there was no grading rubric posted in advance of the midterm exam to clearly state the amount … Thereafter, the adverse party must produce factual evidence sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial.

State v. Howard

888 So. 2d 375 · Louisiana Court of Appeal · Nov 17, 2004

Howard further argued that the State failed to establish a prima facie showing of a conspiracy. In State v. … Clearly, the major reasons the Legislature passed the Habitual Offender Law were to deter and punish recidivism.

Nunley v. Shell Oil Company

76 So. 2d 111 · Louisiana Court of Appeal · Feb 14, 1955

Contrary to the above recited facts it is clearly established in the instant case that there has been an absolute refusal on the part of defendant to engage in any development and, further, that plaintiff has formally placed … following declaration: "* * * the reasons by which defendant attempts to justify its refusal to develop the property further are not adequate and sufficient, especially in view of the fact that another competent and well qualified

Kendall v. State Ex Rel. Department of Highways

168 So. 2d 840 · Louisiana Court of Appeal · Oct 30, 1964

An examination of authorities cited in the appellants' brief disclose that they are apropos to governmental immunity, estoppel or prescription and are not pertinent to the issues under consideration. … The defense of vis major although urged in brief has not been established.

State v. Williams

439 So. 2d 663 · Louisiana Court of Appeal · Oct 12, 1983

The State did not attempt to qualify any of these witnesses as experts. … The observations of these witnesses are clearly supported by these pictures. In State v.

Bell v. Rogers

698 So. 2d 749 · Louisiana Court of Appeal · Aug 20, 1997

Therefore, we conclude that Bell has not affirmatively established the evidentiary strength of facts material to her claims of defamation arising out of the written report and the May 10, 1994 meeting. … Bell clearly has no personal knowledge about what, if anything, Wood said to Lemoine outside her presence.

Barnes v. Department of Highways

154 So. 2d 255 · Louisiana Court of Appeal · Jun 3, 1963

In this regard the Commission’s finding is clearly supported by the evidence. … Any other view would simply clothe the efficient employee with immunity for any wrongful or immoral act. For the reasons hereinabove assigned, the ruling of the Commission is affirmed. Affirmed.

State v. Dronet

721 So. 2d 1038 · Louisiana Court of Appeal · Nov 4, 1998

Vincent was exiting the store, a car sped to a stop in front of the establishment and a young man jumped out and ran toward Mr. Vincent. As the two men began to struggle, the assailant attacked Mr. … No immunity agreement was offered to Warren to obtain the statement implicating the defendant.

Walters v. Landis Construction Co.

522 So. 2d 1306 · Louisiana Court of Appeal · Mar 21, 1988

Such arrangements shall include provisions protecting individual employees against a worsening of their positions with respect to their employment which shall in no *1311 event provide benefits less than those established … Subsection (c) clearly deals with collective bargaining agreements and the benefits to transit employees thereunder.

Budget Finance of Baton Rouge, Inc. v. Lewis

451 So. 2d 1300 · Louisiana Court of Appeal · Jun 26, 1984

Lewis opposed the motion for summary judgment and reurged his exception of no right of action, contending that the affidavits submitted by plaintiff established that Budget Finance was not the holder of the three notes sued … The affidavits provide, in pertinent part: “BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for the Parish and State aforesaid, personally came and appeared H.R.

Charles v. Acadia St. Landry Guest Home

1 La.App. 3 Cir. 0129 · Louisiana Court of Appeal · Jun 6, 2001

Charles could possible qualify for. … We do not exist in a vacuum, immune to the realities of the real world and the inability of a worker’s compensation claimant to find effective or adequate counsel.

Martin v. Travelers Insurance Co.

200 So. 2d 141 · Louisiana Court of Appeal · May 29, 1967

Martin was the best qualified applicant of the group interviewed for the job. … We therefore see a very clear distinction between *147 the Carlino case and the instant case, in that the wages paid in the Carlino case were clearly in lieu of compensation whereas in the instant case they were earned by

Naquin v. DEPT. OF TRANSP. AND DEV. OF STATE

604 So. 2d 62 · Louisiana Court of Appeal · Jun 2, 1992

The trial judge gave written reasons for judgment, which read, in pertinent part: The fact of plaintiffs' leasehold interest was well established. … Sagrera has qualified as an expert in the field of agronomy (State Exhibit # 2) whereas Dr. Wegenhoft qualified in the field of agricultural economics (Plaintiffs' Exhibit 7.11). Based upon the testimony of both, Dr.

Tucker v. Lain

798 So. 2d 1041 · Louisiana Court of Appeal · Sep 5, 2001

In a medical malpractice case against a physician, the plaintiff must establish a causal connection between the physician's negligent treatment and the sustained injury. La. R.S. 9:2794; Martin v. … An appellate court may not set aside a jury's finding of fact in the absence of manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

Anderson v. La. Dep't of Pub. Safety & Corr.

242 So. 3d 614 · Louisiana Court of Appeal · Feb 7, 2018

The jurisprudence clearly establishes a substantial right is analogous to a due process right, in that it is limited to one in which the petitioner has a "liberty interest," i.e. , a right to or a right to be free from. … review the petition to determine if the petition states a cognizable claim or if the petition, on its face, is frivolous or malicious, or fails to state a cause of action, or seeks monetary damages from a defendant who is immune

Succession of Zatarain

138 So. 2d 163 · Louisiana Court of Appeal · Jan 29, 1962

Be that as it may, the rules pertaining to mandate, nevertheless, have been applied to a clearly analogous relationship, namely, that of an executor of an estate. … We wish to make it clearly understood that the agency thusly established is irrevocable in the sense that it may not be cancelled or terminated by the executor or heirs of the testator without the consent of the attorney.

Hines v. Arkansas Louisiana Gas Co.

613 So. 2d 646 · Louisiana Court of Appeal · Jan 20, 1993

As a result of either an agreement to establish a "cursing kitty" or his promise to improve on other items, the employees excluded the entire section of the feedback document dealing with abusive language. … Clearly, the results of a polygraph examination are inadmissible in criminal trials. State v.

State v. Kimble

688 So. 2d 552 · Louisiana Court of Appeal · Sep 3, 1996

The declarant refused to testify, despite offers of immunity and the threat of contempt charges. … Coleman's statement set forth the participation of each conspirator and clearly established her part in the planning and execution of the crimes. Her part was to lure the victims to the trap. Under the law, Ms.