Case law

Heirs of Morris v. Simpson

997 So. 2d 659 · Louisiana Court of Appeal · Oct 29, 2008

The record clearly reflects that Route 1, Box 44-A and 213 Mason Road in Frierson are the municipal addresses for the Property. … Because of the unknown whereabouts of the decedent's successors, the appointment of an Article 5091 attorney would clearly be in order in such a setting.

State v. Chambers

758 So. 2d 231 · Louisiana Court of Appeal · Jan 19, 2000

Kennison clearly and candidly stated that he did not believe that he could be impartial in this case. … Kennison that he would be qualified to be a juror." I disagree. Clearly, in the light of his entire voir dire, and more specifically, his final response, which was to defense counsel, Mr.

Troquille v. Stirling Properties, Inc.

14 La.App. 3 Cir. 561 · Louisiana Court of Appeal · Nov 5, 2014

Troq-uille ran into should have been more clearly marked. He based his opinion on a “code,” but did not specify which code. Mrs. Troquille introduced Mr. … Wood qualified. We find the trial court erred in ruling the affidavit of Mr. Wood inadmissible. We now turn to the question of whether summary judgment was appropriate if the affidavit of Mr. Wood is considered.

State ex rel. A.H.

206 So. 3d 1081 · Louisiana Court of Appeal · Sep 28, 2016

that the fact finder, is clearly wrong or manifestly erroneous. … If such a basis does not exist, the appellate court must conclude that the fact finder is clearly wrong or manifestly erroneous.

Oliver v. Chrysler Corp.

510 So. 2d 1320 · Louisiana Court of Appeal · Jun 26, 1987

This leak has had the continued attention of several well qualified auto service people and yet it still exists. … This contention is totally unsubstantiated and clearly without merit.

City of Alexandria Through Snyder v. Lanier

446 So. 2d 547 · Louisiana Court of Appeal · Mar 7, 1984

A Mayor, in the performance of his administrative duties, must be accorded discretion and his exercise thereof will be presumed to be valid unless the contrary is clearly shown. LaFleur v. … Nevertheless, charter provisions limiting or qualifying the authority of municipal officials must be construed so as to give them effect. Id.

Gordon v. Levet

688 So. 2d 57 · Louisiana Court of Appeal · Jan 15, 1997

At this point defendant could go forward and attempt to defend, but the trial judge clearly did not improperly allocate the burden of proof and plaintiffs did clearly establish the elements of their cause of action. … Joseph Blaschke was qualified as DOTD's highway design, traffic engineering and accident reconstruction expert.

Grennon v. New Orleans Public Service, Inc.

17 La. App. 700 · Louisiana Court of Appeal · Jul 20, 1931

In order to counteract and qualify the plain meaning of the words “shall attach,” and the logical and necessary inference and meaning flowing from the use of these words, the Legislature would have had to specifically and … The Louisiana Civil Code seems to clearly provide, however, that “er- *710 • ror of law can never be alleged as a means of acquiring.” Revised Civil Code, 1846) subparagraph 3.

Regina Rizzutto v. Lance Joseph and Hon. Amanda Gross Thies, West Baton Rouge Parish Clerk of Court

Louisiana Court of Appeal · Aug 7, 2024

establishing that the candidate: ( 1) was an elector of the municipality at the time of qualifying; ( 2) was domiciled in the municipality for at least a year prior to qualifying; and ( 3) actually resided in the municipality … for at least a year prior to qualifying.

Craig v. City of New Orleans Board of Zoning Adjustments

903 So. 2d 530 · Louisiana Court of Appeal · May 4, 2005

ROOMING HOUSE: See Lodging House. | ¡(Allison’s description of the property and his use of it from 1961 until 1998 clearly fall within the definition of a “lodging house.” … Thus, the question is whether Allison’s use of the property, pursuant to the 1970 revisions to the CZO qualified as a “rooming house” or “transient vacation rental.”

Scott v. American Tobacco Co., Inc.

949 So. 2d 1266 · Louisiana Court of Appeal · Feb 7, 2007

However, clearly there is no need for the establishment of a cessation program in the absence of exposure to nicotine and other toxins contained in cigarettes. … We agree with defendants that an award of the creation of a smoking cessation program does not qualify for pre-judgment interest as intended by La. R.S. 13:4203.

Fowler v. Bossano

797 So. 2d 160 · Louisiana Court of Appeal · Oct 3, 2001

Thus, PCF contends, "the amount awarded by the jury on behalf of Nelson Fowler are [sic] clearly excessive." … They assert that the evidence clearly revealed that the medical expenses incurred as a result of the malpractice were $50,306.64.

Orazio v. Dep't of Police

248 So. 3d 745 · Louisiana Court of Appeal · May 23, 2018

Rather than granting the NOPD's request for the exact position requested, the Commission established an unclassified police commander assignment with a special rate of pay. … According to the job study, the position could be performed by a classified employee and did not establish that the commanders would operate with policy-making autonomy.

Armstrong v. Hanover Ins. Co.

614 So. 2d 312 · Louisiana Court of Appeal · Feb 11, 1993

`Insured' means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. … Hanover failed to establish the relationship between Mr. Armstrong and the tractor. Clearly, Mr. Armstrong was engaged in an activity that was physically and directly related to the tractor.

State v. Acevedo

633 So. 2d 828 · Louisiana Court of Appeal · Feb 25, 1994

circumstances established by that evidence are sufficient for a rational juror to conclude beyond a reasonable doubt that the defendant was guilty of every essential element of the crime. … In Arnold , the Court determined that the first three elements of aggravated kidnapping were clearly met; the victim was clearly seized and carried from one place to another and, in accordance with Louisiana jurisprudence

State v. Porter

2013 La.App. 4 Cir. 0357 · Louisiana Court of Appeal · Oct 8, 2014

Marcie Herndon The trial court qualified Marcie Hern-don as an expert in forensic DNA. Ms. … The State’s case and the testimony of all other witnesses focused clearly on the events of January 3, 2012, as the basis of the charged offenses.

Foret v. Aetna Life & Cas. Co.

337 So. 2d 676 · Louisiana Court of Appeal · Sep 22, 1976

Only one qualifying *681 period is required with respect to those periods of total disability which are considered as one period of total disability under Section 2 of this Article II." … Clearly under the provisions of the policy any award of disability benefits that may be due the plaintiff would first require his qualification by the passage of one six month period of total disability.

Freeman v. Poulan/Weed Eater

618 So. 2d 618 · Louisiana Court of Appeal · May 5, 1993

The employer may preclude these benefits by establishing that the employee is physically able to perform work that was either offered or tendered by the employer or any other employer or proven available to the employee in … Under these circumstances, I cannot say that the trier of fact was clearly wrong/manifestly in error.

Mosely v. Overton

153 So. 715 · Louisiana Court of Appeal · Mar 29, 1934

Elizabeth Walden Overton had been qualified as natural tutrix of her minor child, Mildred Overton. He further alleged that, due to the death of E. G. … Plaintiff’s contention is set out in his brief as follows: “This case comes clearly within the exception to article 596 of the Code of Practice which provides that the sureties cannot ba proceeded against until the necessary

LaBauve v. State

618 So. 2d 1187 · Louisiana Court of Appeal · May 12, 1993

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … According to the Louisiana Supreme Court: The use of force by law enforcement officers must be tested by the "reasonable force" standard established by this article. The test precludes "clearly inappropriate force."