Case law

Jeffries v. Estate of Pruitt

598 So. 2d 379 · Louisiana Court of Appeal · Mar 6, 1992

We believe that the decision of this Court in the Davis case and those in related situations are clearly indicative of the result to be reached here. … Pruitt was qualified as the succession representative. In this regard we note that service on a succession representative, before he or she is duly qualified, is invalid. Interstate Collection Bureau v.

Turner v. Kentie

422 So. 2d 493 · Louisiana Court of Appeal · Nov 2, 1982

Hoerner, who was qualified as an expert in orthopedic medicine, stated that this accident had aggravated a preexisting injury to the same area of her neck, back and scapula. … The record clearly reveals that plaintiff’s car was immediately towed to Gill’s Body Shop for an estimate on repairs.

Broussard v. Union Pacific R. Co.

700 So. 2d 542 · Louisiana Court of Appeal · Aug 28, 1997

Those determinations, I find unsupported by the record and, thus, clearly wrong. … Renick Webb, qualified in the field of otolaryngology, evaluated Ronney [1] on September 28, 1994, and assessed an overall 19% impairment rating, but admitted that his evaluation excluded noise-source determination.

State v. Spencer

486 So. 2d 870 · Louisiana Court of Appeal · Mar 25, 1986

Defendant's assertion that the evidence is insufficient to establish that he intended to cause the victim unjustifiable pain is clearly without basis, since the provisions of La.R.S. 14:93 A do not require such an intent. … Clearly, the circumstances of this case warrant a less onerous sentencing alternative.

Gulf Coast Housing & Development Corp. v. Capital One

2016 La.App. 4 Cir. 0296 · Louisiana Court of Appeal · Oct 5, 2016

An agreement would be required in order to establish a fiduciary relationship between a financial institution and a customer. … The judgment clearly provides that not all claims |fiagainst Capital One were dismissed. Thus, Gulf Coast’s case against Capital One may proceed on the remaining claims. 2).

Sandel v. Village of Florien

216 So. 3d 267 · Louisiana Court of Appeal · Mar 21, 2017

STANDARDS OF REVIEW Upon review, an appellate court may not set aside a trial court’s finding óf fact in the absence of manifest error or unless it is clearly wrong. Stobart v. … The invalid petition notwithstanding, La.R.S. 18:1432 is permissive, not mandatory, and it does not establish the plaintiff’s burden of proof in this case.

Bergeron v. STATE BOXING

829 So. 2d 620 · Louisiana Court of Appeal · Oct 2, 2002

Roberts qualified to testify as an expert in this case. Mr. Roberts relied upon Mr. Bergeron's medical records, the trial testimony of Mr. … Bergeron's several physicians was also important to establishing his claim for future medical expenses and attendant care expenses.

Murphy J. Painter, Sr. v. Dustin Clouatre, Hughes Insurance Services, LLC, Pelican Post News, L.L.C., Wade Petite, Ricky Babin, ABC Insurance Company, Clint Cointment

Louisiana Court of Appeal · Jun 3, 2022

Painter and Clint Cointment qualified for a run- off election, from which Painter withdrew. … , where prosecutors act in an investigatory, administrative, ministerial or other role that has no functional tie to the judicial process, only a qualified immunity is afforded.

Southern Yacht Club v. Zeno

2012 La.App. 4 Cir. 1309 · Louisiana Court of Appeal · Mar 27, 2013

The SYC admits that it did not provide the Assessor’s office with the annual application certifying that the property qualifies for the pertinent tax exemption as required by La. R.S. 33:2828. … An exemption, being an exceptional privilege, must be clearly, unequivocally, and affirmatively established by the taxpayer. Id., 03-0538 at p. 5, 860 So.2d at 168 .

Easterwood v. Scott

1 La. App. 547 · Louisiana Court of Appeal · Feb 3, 1925

That article clearly is a prohibition against receiving parol evidence. It says “parol evidence shall not be received.” The act, though, is not so clearly a prohibition against receiving the evidence. … This case is clearly in point here and with the. sole exception that in that case the facts are similar to the facts here the witness testifying to the signature by reason of being familiar with it, qualified to give such

Faul v. Superintendent of Education

367 So. 2d 1267 · Louisiana Court of Appeal · Feb 5, 1979

354 (La.1974)." at page 717. *1271 Although under the statute it is only the head of a household who may sign a petition seeking to institute a second language program, it is nevertheless feasible that one who would not qualify … However, the cited case is clearly distinguishable from the instant case.

McDONOUGH MARINE SERV. a DIV. OF MARMAC CORP. v. Doucet

694 So. 2d 305 · Louisiana Court of Appeal · Jun 28, 1996

that the finding is clearly wrong (manifestly erroneous). … Accordingly, the trial court's finding cannot be manifestly erroneous or clearly wrong. 2. Fraud and Misrepresentation.

Burford v. Sanders

520 So. 2d 993 · Louisiana Court of Appeal · Dec 7, 1987

Sawyer were qualified to vote in the District 9 Police Jury race at the Waller School precinct. … While not clearly stated, the record suggests that Zsi-movan was the only voter affected at that precinct.

Moore v. Eden Gardens Nursing Center

850 So. 2d 998 · Louisiana Court of Appeal · Jun 25, 2003

An action should be dismissed for abandonment only when a plaintiff's inaction has clearly demonstrated his intent to abandon the action. State, DOTD v. … that certain discovery, including interrogatories, answers thereto, requests for production or inspection and requests for admission and the responses thereto, and the taking of a deposition, with or without formal notice, qualify

Hi-Lo Oil Company v. City of Crowley

274 So. 2d 757 · Louisiana Court of Appeal · May 24, 1973

the burden of establishing by clear and cogent evidence that the ordinance is unconstitutional. … The court should not set up its judgment against that of the city authorities as to the wisdom of the method adopted to accomplish a legitimate object, unless the method employed by the city is clearly unreasonable.

Symeonides v. Cosmar Compania Naviera

433 So. 2d 281 · Louisiana Court of Appeal · May 17, 1983

After questioning the reporter, counsel for appellant objected to the use of this reporter on the grounds that she was not qualified under Greek law to administer oaths, and was not qualified in the United States as a court … We see nothing clearly erroneous in the method employed by the trial court.

State v. Washington

441 So. 2d 791 · Louisiana Court of Appeal · Nov 10, 1983

Although the contraband was not found on the defendant’s person, the testimony clearly establishes that it was located in an area over which defendant exercised dominion and control. State v. … In Walker , and Cann, the state failed to establish that either defendant knew where the contraband was located.

Cambre v. Tassin Amphibious Equipment Corp.

464 So. 2d 878 · Louisiana Court of Appeal · Feb 12, 1985

Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. 901 et seq.; and as a properly qualified claimant under The Louisiana Worker's Compensation Law, LSA-R.S. 23:1021 et seq. … However, there is some evidence to support this conclusion so that we are not convinced that the jury was clearly wrong.

State v. Reaux

539 So. 2d 105 · Louisiana Court of Appeal · Feb 16, 1989

Officer Robert McNeil was qualified as an expert in narcotics transactions. He testified about the various ways in which cocaine is distributed throughout the City of New Orleans. … The actions of each individual were clearly part of the common scheme to sell illegal drugs. This conclusion is clearly supported by the expert testimony of Officer McNeil.

First Union Baptist Church of Alexandria v. Banks

533 So. 2d 1305 · Louisiana Court of Appeal · Nov 9, 1988

A review of the intervenors' petition clearly states a cause of action. … Therefore, the intervenors failed to establish that they were, in fact, duly and properly elected to the Board of Trustees/Directors.