Case law

Lachney v. Lachney

399 So. 2d 731 · Louisiana Court of Appeal · May 27, 1981

In each of the cited cases the courts held in effect that a judgment awarding alimony, including one for child support, is immune to alteration, change or suspension, until such time as the party held liable applies to a … The parent may not, by suspension of this right, thwart the purpose for which the right is established, i. e., the enforcement of the child's right to support and upbringing. . . . . ....If the parties clearly agree to a

Philip Werlein, Ltd. v. Daniels

538 So. 2d 722 · Louisiana Court of Appeal · Jan 30, 1989

Daniels contends that she had no knowledge of the account established in her name or the purchases made on the account. … To support her testimony, Daniels presented the testimony of an expert, a qualified examiner of questioned documents.

Laborde v. Velsicol Chemical Corp.

474 So. 2d 1320 · Louisiana Court of Appeal · Aug 21, 1985

Plaintiff did not display any allergic reactions and the tests indicated that plaintiff's immune system was intact. … The psychiatric testimony, including objective psychological testing, clearly established that plaintiff was suffering from an emotional disorder, the onset of which occurred considerably well before the period of the alleged

St. John Baptist Parish v. State ex rel. Department of Wildlife & Fisheries

2002 La.App. 5 Cir. 612 · Louisiana Court of Appeal · Oct 16, 2002

We agree with the trial judge that the cases are clearly distinguishable and therefore inapplicable here. In Demolle v. … Finally, we note that the issue of sovereign immunity does not apply to bar the action by the Plaintiffs and that the Plaintiffs were not required to seek the *1234 approval of the legislature before filing suit.

Fanara v. Candella

640 So. 2d 406 · Louisiana Court of Appeal · Apr 18, 1994

The court finds that the evidence clearly establishes serious irregularities in Ward 10, Precinct 4 on March 26, 1994, by the commissioners permitting persons to enter voting machines to assist voters who were not legally … The only grounds for challenge of a voter, under 18:565 are, and there are three of them: "(1) The applicant is not qualified to vote in the election, "(2) The applicant is not qualified to vote in the precinct, or "(3) The

Barber Bros. Contracting Co. v. Cuccia

98 La.App. 1 Cir. 0675 · Louisiana Court of Appeal · Apr 1, 1999

To qualify for benefits for loss of use, the loss of physical function must be greater than 25% as established in the American Medical Association "Guides to the Evaluation of Permanent Impairment." … the finding is clearly wrong.

David v. LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS

962 So. 2d 1234 · Louisiana Court of Appeal · Sep 14, 2007

Thus, there is no acceptable documentation in evidence, current within 1 year of November 1998 which establishes that Brandon David would have been eligible for the Cash Subsidy program had he been considered in November … Chafetz concluded his evaluation by stating that Brandon clearly meets the criteria for autism and that autism is present from birth.

Miller v. Great Southern Oil and Gas Co., Inc.

503 So. 2d 679 · Louisiana Court of Appeal · Mar 4, 1987

supplemental earnings benefits because he failed to carry his burden of proving that he was unable to earn all or substantially all of his pre-injury wages; (2) holding Miller was entitled to rehabilitative services; and (3) qualifying … The record clearly shows that after he obtained his medical release, Miller certified that he was able to work and actively searched for employment in order to obtain unemployment compensation.

Gamble v. Calcasieu Parish School Board

139 So. 2d 39 · Louisiana Court of Appeal · Mar 8, 1962

As a result of subsequent extension of the city limits of Lake Charles, to include areas in which the Calcasieu Parish School Board has established and was operating schools, there are now 11 public schools within the city … Clearly, people so situated should be represented in the formulating and directing of policy, if for no other reason, with respect to the education of their children.”

Crescent City Motors, L.L.C. v. Rafidi

10 La.App. 5 Cir. 609 · Louisiana Court of Appeal · Dec 14, 2010

Godual Martinez, who is a notary public and owns EFS Auto Title Company, was qualified as an expert on practices within the industry of auto title transfers. … The district court’s factual findings may not be set aside in the absence of manifest error or unless they are clearly wrong.

Arnaud v. UNITED BROTH. OF CARPENTERS

577 So. 2d 184 · Louisiana Court of Appeal · Mar 5, 1991

Defendant, the Carpenters Local 1098 Pension Trust (Pension Trust), is a collectively bargained Trust which provides a pension plan for qualified carpenters and of which plaintiff is a member. … Landry would not be entitled to share in that income which would clearly be his separate property.

Lewis v. Commissioner of Ins. for State of Louisiana

11 La.App. 5 Cir. 347 · Louisiana Court of Appeal · Dec 13, 2011

The court advised him there was nothing in the case record showing any activity, saying, ‘Tour hiring of an expert to review records does not qualify as formal discovery.” … The defendants contend that the abandonment article is self-executing and that the plaintiff failed to establish any exception to its ápplieation in this case. We find' no merit to Assignments of Error No. 1 and No. 2.

Rayner v. W. Horace Williams Co.

9 So. 2d 315 · Louisiana Court of Appeal · Jun 2, 1942

Plaintiff's doctors contend this clearly indicates a fracture or dislocation of that vertebra or the sacrum. … established that the blow caused his disability.

Wooley v. State ex rel. Department of Health & Human Resources

527 So. 2d 573 · Louisiana Court of Appeal · Jun 22, 1988

Some qualified person must tell us that the plaintiff’s job related activity could cause or contribute to her accident. … Unless the trial court’s factual findings of work causation were clearly wrong, we will not reverse such holding on appellate review. Boren v.

Mashburn Marital Trusts v. Mashburn Family Trust

2006 La.App. 1 Cir. 0741 · Louisiana Court of Appeal · Dec 28, 2006

and in need of medical attention; that his resources without distributions from his family trust were insufficient to provide for his necessary support, maintenance, medical expenses, and welfare; and that he could not qualify … that the finding is clearly wrong or manifestly erroneous.

Penn v. Inferno Manufacturing Corporation

199 So. 2d 210 · Louisiana Court of Appeal · Apr 17, 1967

John Penn, was a highly qualified, experienced and capable well tester. Mr. R. W. … However, it was clearly established that the sight glass was manufactured by Corning Glass Works for Inferno; and it is our view that Inferno is entitled to call upon Corning as warrantor.

Lamkin v. Flanagan

865 So. 2d 916 · Louisiana Court of Appeal · Jan 28, 2004

After a trial, the court issued a written opinion finding that the seized property did not qualify for a homestead exemption. … The party alleging abandonment has the burden to clearly establish that abandonment has occurred. Chalin, supra .

Meyer & Associates, Inc. v. Coushatta Tribe of Louisiana

Louisiana Court of Appeal · Aug 8, 2007

Coushatta refutes the import of Meyer’s arguments with evidence establishing that nonmembers doing business with the Tribe regularly obtained specific resolutions waiving sovereign immunity as provided in the Judicial Code … Nat’l Farmers, 471 U.S. 845, 105 S.Ct. 2447. 14  Conclusions Louisiana and its courts clearly have an interest in seeing that their

Bennett v. Niagara Fire Insurance Company

126 So. 2d 718 · Louisiana Court of Appeal · Jan 30, 1961

Pictures filed in evidence showing five of these places clearly demonstrate that fire burned sufficient to char the wood in each one of these relatively small areas. … Marsden Miller, a well qualified building contractor, who estimated the fire damage at $6,485.75. The estimates prepared by Mr.

La Pierre v. Gibson

420 So. 2d 990 · Louisiana Court of Appeal · Sep 30, 1982

The record reveals sufficient evidence to establish acknowledgement under subdivision (2) of R.C.C. Article 209. … Its language in pertinent part follows: The tests shall be made by experts qualified as examiners of blood types who shall be appointed by this court.