Case law

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.

Bell v. Louisiana State Police

2013 La.App. 1 Cir. 0863 · Louisiana Court of Appeal · Dec 23, 2014

We now find the record before us establishes that the Bells’ service of the discovery responses on Mr. Rice was effective as “serv[ice] on all parties,” constituting a step pursuant to La.Code. Civ. P. art. 561B. … Pierson as counsel of record, the discovery responses were clearly compliant with Article 1420 and sufficient to constitute a “step” pursuant to Article 561.

Succession of Acheé

229 So. 3d 5 · Louisiana Court of Appeal · Aug 16, 2017

2015, Don Lewis Achee, decedent’s brother, and Gladys .filed a petition to annul the probated testament, naming Truitt, Marie and Jon as defendants. 1 The petition asserted that the purported olographic testament did not qualify … Finally, we find no merit in Gladys’ assertion that the handwritten document had clearly been altered, and that Truitt failed to establish what had been removed from the bottom of the handwritten document.

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.

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.

In Re Triss

820 So. 2d 1204 · Louisiana Court of Appeal · Jun 5, 2002

Collins, who was qualified as an expert in internal medicine and cardiovascular disease, opined that Dr. … Deno's argument that the jury was clearly wrong in finding fault on his part." Deno , XXXX-XXXX at p. 24, 813 So.2d at 319 . By analogy, the jury was persuaded by Ms.

Scherer v. Chaisson

469 So. 2d 510 · Louisiana Court of Appeal · May 15, 1985

Scherer established his permanent residence in Lafayette, Louisiana after his graduation from college. … The policy clearly defines "insured" as the named insured and any other relative who is a *513 resident of the same household.

Albert v. Ledet

292 So. 2d 293 · Louisiana Court of Appeal · Feb 11, 1974

Olivier, another disinterested, qualified architect; and the testimony of Mrs. Serena G. Borne, an expert appraiser. … The record clearly shows that the outside garage building was not called for in the original plans and specifications, and that this building was an “extra”.

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.

Craft v. Craft

914 So. 2d 648 · Louisiana Court of Appeal · Oct 26, 2005

A separate obligation of a spouse is one incurred by that spouse prior to the establishment of a community property regime, or one incurred during the existence of a community property regime though not for the common interest … This focus by the trial court was clearly the appropriate analysis mandated by the above law. The conclusions are reasonably supported by Alfred’s own financial data.

Oliver v. City of Shreveport

169 So. 2d 1 · Louisiana Court of Appeal · Oct 30, 1964

The substantial facts involved appear to have been established without serious dispute, and, in fact, most of the pertinent facts have been stipulated by counsel. … Clearly, the advisory opinion was not, and did not purport to be, a classification of Oliver’s position; nor was it rendered or adopted as a rule of classification.

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.

State v. Laviolette

576 So. 2d 1000 · Louisiana Court of Appeal · Mar 26, 1991

Clearly, no exigent circumstances existed when Detective Melancon proceeded to the wrecking yard where defendant's vehicle was stored. … La.C.E. art. 702 provides that a witness qualified as an expert by knowledge, skill, experience, training or education may give testimony as an expert.

Morris v. Rainwater

218 So. 3d 226 · Louisiana Court of Appeal · Jan 11, 2017

that the fact finder is clearly wrong or manifestly erroneous. … Haynes was qualified as an expert. Plaintiff counsel continued to object to any testimony concerning the possibility of Tylenol as a cause of liver failure.

Ely v. Northumberland General Insurance

378 So. 2d 1024 · Louisiana Court of Appeal · Dec 3, 1979

He is now unable to pronounce words clearly, has emotionally induced stuttering, and has trouble remembering recent events. … The defendant clearly holds out a general invitation to the public to patronize its facilities. Defendant’s manager frankly admitted that their aim was to solicit business.

Strother v. Guinn Oilfield Services, L.L.C.

3 La.App. 3 Cir. 1310 · Louisiana Court of Appeal · Mar 3, 2004

Strother has proven by a preponderance of the evidence that he suffered an incident on his job during the course of his employment which qualifies as an accident under the Workers’ Compensation Law.” We agree. … Strother clearly benefitted from a presumption that *118 a work-related accident caused his injuries.