Case law

TOWN OF BRUSLY v. Grady

11 So. 3d 1246 · Louisiana Court of Appeal · Jun 19, 2009

is clearly wrong or manifestly erroneous. … Applying the applicable zoning ordinance sections to the record before us, we cannot say that a reasonable basis for the finding of the trial court does not exist or that the record establishes that the fact finder is clearly

Sharff v. Tanner

486 So. 2d 1047 · Louisiana Court of Appeal · Apr 2, 1986

However, in the absence of any contrary evidence we conclude that the trial court was not clearly wrong in finding plaintiff proved filiation by a preponderance of the evidence. … The trial judge apparently determined that this pleading did not qualify as an answer contemplated by local rule 5, § 3(e) and proceeded to enter the judgment of default.

CNA Insurance Co. v. Nutone Corp.

461 So. 2d 518 · Louisiana Court of Appeal · Dec 12, 1984

The testimony at trial clearly showed that the sole cause for the failure of the heat and smoke detectors at the time of the fire was that they were improperly installed by Scott. … The evidence at trial established that Scott’s scope of authority was clearly delineated by Nutone. Scott’s sole responsibility to Nutone was to do in-warranty repair work on Nutone products in the designated area.

Troy D. Magee (Deceased)/wallace Magee and Ciara Caston Filey v. City of New Orleans Fire Department

Louisiana Court of Appeal · May 6, 2025

The NOFD contends that to qualify under the Act, the claimant must prove that the underlying cause of the lung condition is itself a disease or infirmity of the lungs. … The medical evidence and testimony establish that Captain Magee’s primary causes of death, as listed in the discharge summary and death certificate, were all lung-related infirmities.

Board of Directors of the Louisiana Recovery District v. All Taxpayers, Property Owners, & Citizens of the Louisiana Recovery District

529 So. 2d 401 · Louisiana Court of Appeal · Jun 15, 1988

This course of action is clearly authorized in Smith v. … Parish of East Baton Rouge, 510 So.2d 1 (La.1987) clearly support a remand of this case to the trial court. Defendant should be given an opportunity, if *406 possible, to establish her standing.

Mazzini v. Strathman

2013 La.App. 4 Cir. 0555 · Louisiana Court of Appeal · Apr 16, 2014

erroneous or clearly wrong. … Mazzini’s recovery for attorney fees is clearly limited to 25% of the amount claimed or $300.00, whichever is greater.

Redmond v. McCool

582 So. 2d 262 · Louisiana Court of Appeal · May 16, 1991

The Monument Company is an established firm located in Houma which services cemeteries throughout the area. … The trial court's factual determinations particularly regarding witness credibility should not be disturbed on appeal unless clearly wrong. Lemeshewsky v. Dumaine, 464 So.2d 973 (La.App. 4th Cir.1985).

US Fire Ins. v. W. Monroe Charter Service

504 So. 2d 93 · Louisiana Court of Appeal · Feb 25, 1987

Did appellant establish that the pilot did not have a medical certificate? 2. … Therefore, it was not necessary for the insurer to establish an intent to deceive in order to avoid coverage under the policy.

Jarvis v. Prout

247 So. 2d 244 · Louisiana Court of Appeal · Apr 5, 1971

The postmortem examination established that Mrs. Jarvis died on October 9, 1964, at 7:45 p. m., and the forensic laboratory toxicology report reflected a carbon monoxide level of 40% saturation. … Article 670 is clearly inapposite to this case for two reasons.

Thompson v. Frymire

255 So. 2d 443 · Louisiana Court of Appeal · Nov 10, 1971

The defendant herein, Kermit Frymire, qualified as her testamentary executor, and petitioners brought suit against him, also, asking an accounting from the succession of Amelia Robin Von Hofe Barger for the funds and revenues … establishing that such a bequest is not an absolute nullity, but is subject only to reduction.

State ex rel. D.L.R.

2008 La.App. 3 Cir. 0124 · Louisiana Court of Appeal · Apr 30, 2008

Butler, T.W.J. clearly loved her child and professed a willingness to do whatever was required of her to win back D.R.’s custody. In fact, Ms. … Buxton was of the opinion that, as of the time of trial, T.W.J. could not be D.R.’s primary care giver, although she might qualify as a secondary care giver.

State v. Jackson

629 So. 2d 1374 · Louisiana Court of Appeal · Dec 22, 1993

First, defendant claims the state failed to establish a foundation for its introduction. However, Officer Perry and lab technician Susan Rutledge clearly identified the document and their handwriting thereon. … Earlier, the lab technician established the total weight of the cocaine.

Rhodes v. Schultis

13 La.App. 5 Cir. 663 · Louisiana Court of Appeal · Apr 23, 2014

Plaintiffs to the theory of res ipsa loquitur and then requiring additional proof regarding the chain of custody of the foreign body; and failing to require Defendant to rebut the presumption of negligence after Plaintiffs established … This alleged act of malpractice was clearly presented to the medical review panel.

Keith v. T. & P. R. R.

14 La. App. 290 · Louisiana Court of Appeal · Jun 6, 1930

Keith, having in the meantime qualified as administratrix *292 in the Texas court, filed a supplemental petition in which it is alleged “that by-agreement between counsel for plaintiff and defendant, your petitioner files … We are free to confess that the question before us is perplexing, as is clearly shown by the nicety of distinction which characterizes the jurisprudence on this subject.

Hanover Insurance Co. v. Jacobson-Young, Inc.

294 So. 2d 564 · Louisiana Court of Appeal · May 10, 1974

that the exclusions provided as follows: "This insurance does not apply, under the Garage Liability Coverages: * * * * * * "(g) to property damage to (1) property owned by, rented to or held for sale by the insured, * * *" Clearly … We interpret the clause "None of the following is an insured" as intending to exclude all persons thereafter listed from qualifying as "Persons Insured", even if qualified as an omnibus insured under the first section of

LeBlanc v. Stevenson

756 So. 2d 356 · Louisiana Court of Appeal · Mar 24, 2000

LAW AND DISCUSSION Unless there is a manifest error or a clearly wrong finding of fact or clearly wrong judgment by a factfinder, a court of appeal may not set aside that finding or judgment. Stobart v. … In determining an award for loss of future earning capacity, we are guided by certain well-established legal principles.

White v. Glen Retirement System

195 So. 3d 485 · Louisiana Court of Appeal · Apr 27, 2016

The allegations and evidence presented on the exception of prematurity established the following facts. … The trial court could therefore reach thé conclusion of no intentional tort as a ‘factual assessment which is not clearly wrong.

State v. LeBlanc

517 So. 2d 951 · Louisiana Court of Appeal · Oct 7, 1987

Well, I don't claim to be a qualified property appraiser in that sense. … These photos were exhibited to the jury and clearly show extensive fire damage to the interior of the trailer.

Johnson v. N. ORLEANS CHARITIES BLDG. CORP.

812 So. 2d 741 · Louisiana Court of Appeal · Feb 15, 2002

It is well established that exemptions from taxation are strictly construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively established by the taxpayer. … Here the taxpayer has failed to clearly, unequivocally and affirmatively establish its entitlement to the exemption.

Walker v. Supreme Industrial Life Insurance

169 So. 2d 245 · Louisiana Court of Appeal · Nov 2, 1964

It was established as a fact that each of the six original shareholders “brought in” two other persons to qualify them as shareholders. … The checks and records introduced into evidence by the plaintiff clearly reveal that Walker contributed an amount equal to of the needed capital.