Case law

La Rose v. Alliance Casualty Co.

150 So. 455 · Louisiana Court of Appeal · Oct 30, 1933

While, it is true, that it is not expressly stated that the right of action shall be directly against the surety on the broker’s bond, it is clearly implied, for to say that the Legislature meant merely to state that the … Hill Company, qualified and had issued to him a real estate broker’s license ; and that J. R. Allan was a duly qualified real estate salesman employed by Hill as a real estate broker.

State v. Bennett

454 So. 2d 1165 · Louisiana Court of Appeal · Jul 18, 1984

That a death-qualified jury is more likely to convict than a nondeath-qualified jury does not demonstrate which jury is impartial. … The logical converse of the proposition that death-qualified jurors are conviction prone is that nondeath-qualified jurors are acquittal prone, not that they are neutral.

State, Board of Ethics v. Garriga

182 So. 3d 194 · Louisiana Court of Appeal · Sep 30, 2015

[[Image here]] [Tjhe party on which the burden of proof rests must establish a prima facie case. … After reviewing the entire record, the appellate court may reverse the trier of fact’s findings if there is no reasonable factual basis for such findings, and the record establishes that the trier of fact was clearly wrong

Landry's Seafood House-New Orleans, Inc. v. Board of Commissioners

2010 La.App. 4 Cir. 1052 · Louisiana Court of Appeal · Dec 30, 2010

The OLD answered Landry’s petition, filing dilatory exceptions and asserting affirmative defenses including, inter alia, discretionary immunity under La. … clearly wrong.

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.

Mire v. Mire

734 So. 2d 751 · Louisiana Court of Appeal · Mar 24, 1999

The minor child is now established in school in the New Orleans area and is participating in sports and other extra curricular activities. … This current situation constitutes a material change in circumstances and is clearly in the best interest of the child.

Pete v. State

247 So. 3d 1084 · Louisiana Court of Appeal · May 9, 2018

The court then concluded that the facts clearly established that it was commonplace for trustees to be unsupervised and move freely about the facility. … The testimony clearly established that two guards were supposed to be on duty; however, the presence of one guard, Deputy Singleton, was never proven, leaving only Deputy Newton to supervise the trustees in the yard.

State ex rel. Department of Highways v. Breedlove

188 So. 2d 608 · Louisiana Court of Appeal · Jul 1, 1966

held: “ * * * it has long been the practice of Louisiana courts to rely on the expert opinions of those who deal in land transactions in the vicinity of the expropriated land in the absence of comparable sales in order to establish … It is apparent from the records, and we think it was clearly obvious to plaintiff at the trial, that these witnesses were called to testify as expert appraisers in behalf of the defendant in each case.

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).

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.

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

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.

Regira v. Falsetta

405 So. 2d 850 · Louisiana Court of Appeal · May 22, 1981

additional candidates qualifying for that [the] office. [...] … participates at every stage and establishes a reasonable and fair process which should logically apply to general elections as well.

Deegan v. RAYMOND INTERN. BUILDERS. INC.

518 So. 2d 1082 · Louisiana Court of Appeal · Nov 9, 1987

He may well have found that Deegan qualified under the statute in question as workmen's compensation claimants sometimes benefit from a sympathetic judicial ear in ways other plaintiffs do not. … If not clearly wrong, a trial judge's findings of fact are not changed on appeal unless there is an unreasonable basis for the findings. See Arceneaux v.

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.

Hebert v. Barry's Air Conditioning, Inc.

16 La.App. 3 Cir. 911 · Louisiana Court of Appeal · Aug 31, 2017

is clearly wrong (manifestly erroneous].” … Co., 08-926 (La.App. 3 Cir. 2/4/09) , 6 So.3d 860 (holding that the treating chiropractor was qualified as an expert to give her conclusion regarding causation). The trial court ruled that Dr.

City of Shreveport v. Pupillo

390 So. 2d 941 · Louisiana Court of Appeal · Oct 28, 1980

The City, on reviewing defendant's tax returns, believed defendant qualified for this payment and offered him the maximum $10,000. … To qualify for a payment, the business must meet the definition set forth in Section 42.20(a) of the regulations. 6-33. AMOUNT OF PAYMENT.

Walker v. Walker

832 So. 2d 1098 · Louisiana Court of Appeal · Dec 4, 2002

, we must find that a reasonable factual basis does not exist for the trial court's finding and that the record establishes that the finding is clearly wrong. [2] EXCHANGE OF INCOME INFORMATION Mr. … Thus, they do not qualify as an extraordinary expense to be allocated above the basic child support obligation. We reverse this part of the trial court's ruling. RETROACTIVITY Lastly, Mr.

Lpc v. Larrison Family Health Center

870 So. 2d 575 · Louisiana Court of Appeal · Apr 7, 2004

Sherlyn Bell Larrison, husband and wife, moved to Louisiana to establish a rural family medicine clinic in the community of Pierre Part. … The doctrine implies that the arbitrator appreciates existence of clearly governing Illegal principle but decides to ignore or pay no attention to it. Welch v. A.G.

Wickes v. Home Building & Loan Ass'n

172 So. 2d 756 · Louisiana Court of Appeal · Mar 8, 1965

Defendant could not convey more than he owned and this stipulation was specifically included in the contract by the inclusion of the qualifying phrase “or as per title”. … The act of sale clearly transfers only the western portion and with the western portion went the servitude of use to the eastern portion.