Case law

Ebanks v. RESERVE MARINE ENTERPRISES, INC.

620 So. 2d 355 · Louisiana Court of Appeal · May 25, 1993

Such use was clearly incidental to its primary purpose of serving as a moored cover station. … All of the facts establish that it is not, and plaintiff has thus failed to establish a threshold requirement for application of any of the laws under which he seeks recovery.

Succession of Geer

209 So. 2d 303 · Louisiana Court of Appeal · Apr 8, 1968

The language of Article 3004(3) clearly permits the surviving spouse on his petition alone to obtain possession of community property for himself and his minor children without first qualifying a tutor for the minor children … impede or frustrate this right, we conclude the bank cannot require the naked owner to receipt for property in its possession before releasing it to the usufructuary, provided that sufficient proof has been furnished to establish

Long v. Hutchins

926 So. 2d 556 · Louisiana Court of Appeal · Apr 26, 2006

This is the type of case which could qualify for en banc consideration. *562 On Rehearing STEWART, J. … Long's determinate sentence was clearly criminal in nature.

Parkes v. Prien Pines Nursery

722 So. 2d 36 · Louisiana Court of Appeal · Nov 4, 1998

Darby's Post Trial Deposition clearly establishes that Parkes cannot earn her pre-accident wages because of her disability. … Wagman testified that he allowed Parkes to resume light activities and that the making and selling of crafts would qualify.

Banks v. Jefferson Parish School Board

670 So. 2d 1284 · Louisiana Court of Appeal · Feb 14, 1996

To qualify for temporary total disability benefits, an employee must prove by “clear and convincing evidence, unaided by any presumption of disability, that the employee is physically unable to engage in any employment... … Davis was informed of the claimant’s pre-existing conditions is not dispositive because the record clearly |greveals the existence of the conditions.

Willis v. Willis

355 So. 2d 999 · Louisiana Court of Appeal · Mar 31, 1978

Where the record clearly establishes nonentitlement to alimony, at the time alimony was initially set, as in this case, no necessity exists to show a change of circumstances. … In order to qualify for alimony under the article the wife must be in circumstances where "she has not sufficient means for her support."

Hamlett v. DIVISION OF MENTAL HEALTH, ETC.

325 So. 2d 696 · Louisiana Court of Appeal · Jan 12, 1976

Appellant testified that he felt such permission should be requested of his most immediate superior *699 who was a licensed psychologist, and that Appellant knew Haydel was not so qualified. … CONCLUSIONS OF LAW The constitutionally established Civil Service Law of this state is clear in its requirement that disciplinary action against a classified employee must be based on legal cause.

State v. Galle

2011 La.App. 1 Cir. 0930 · Louisiana Court of Appeal · Feb 13, 2013

Williams’ grand jury testimony qualifies as former testimony given by him as a witness in another hearing of the same proceeding pursuant to La. Rev. … Jackson’s in-court testimony is clearly sufficient under Jackson v. Virginia, Galle’s convictions must be vacated.

State v. Dorsey

796 So. 2d 135 · Louisiana Court of Appeal · Sep 26, 2001

Clearly, the evidence was sufficient for a rational jury to conclude that Vicky Dorsey was killed by defendant who specifically intended to kill or inflict great bodily harm or while in the course of the perpetration or attempted … O'Neil was qualified as an expert at a motion in limine hearing. Dr. O'Neil is a medical doctor and the coroner of Ouachita Parish.

Courtney v. Lambert Const. Co., Inc.

355 So. 2d 72 · Louisiana Court of Appeal · Feb 6, 1978

There is in the opinion of the court no satisfactory evidence to establish that the decedent was proceeding at a rate of speed in excess thereof. His wife, a guest passenger, testified that his speed was much less. … However their testimony as a whole indicates clearly that (1) both were uneducated laborers with no clear basis for their estimates and (2) that other estimates of speed and distance made by them were clearly erroneous.

Moore v. Esponge

651 So. 2d 962 · Louisiana Court of Appeal · Mar 8, 1995

In the instant case, the affidavits and depositions on file clearly reveal a disputed fact as to whether or not Esponge was driving the vehicle that Deputy Landry stopped at 12:18 a.m. on August 26, 1989. … The doctrine may have been legislatively overruled by La.R.S. 9:2798.1, which grants immunity to public entities and their officers or employees in the exercise of policy making or discretionary acts. See Persilver v.

Shively v. Pickens

346 So. 2d 1314 · Louisiana Court of Appeal · May 13, 1977

It has also been established that Mrs. … In approaching a review of the awards made in this case we are guided by the well established rule that before an appellate court can disturb an award made by a trial court the record must clearly reveal that the trier of

Angelle Concrete, Inc. v. Sandifer

930 So. 2d 1200 · Louisiana Court of Appeal · May 24, 2006

The record establishes that the claimant suffered an on the job injury—a tear to the rotator cuff of his right shoulder. Both the company physician, Dr. Cohen and the claimant's own physician, Dr. … Sandifer's actions clearly show that he is not totally disabled, we find he is nonetheless still qualified for SEB.

State v. Stevenson

908 So. 2d 48 · Louisiana Court of Appeal · Jun 28, 2005

Since the word "intentional" is included in the above definition of sexual battery without a qualifying provision, this Court has held that, under LSA-R.S. 14:11, only general criminal intent is required as an essential element … She stated that he was communicating with her clearly and that they had established a rapport. Detective Labit testified at both the suppression hearing and at trial that Stevenson did not appear to be intoxicated.

State v. Moore

2000 La.App. 4 Cir. 2282 · Louisiana Court of Appeal · Sep 26, 2001

Rafael Salcedo, who was qualified without objection as an expert in forensic psychology and human sexual behavior. Salcedo testified that oral sex among gay men is what is natural and normal. … Salcedo, the defendant can not establish prejudice.

Minden Bank & Trust Co. v. Childs

658 So. 2d 216 · Louisiana Court of Appeal · Jun 21, 1995

She does not dispute the amount owed or the bank’s right to seize and sell the car to satisfy the debt, but contends that Minden Bank cannot avoid succession proceedings, the proper procedural method to establish its rank … Graham’s unopened succession was clearly not a succession representative, and thus was not a proper party defendant. State, Through the Dept. of Transp. & Dev. v. Estate of Davis, supra; Holland, supra.

State v. Marrero

525 So. 2d 203 · Louisiana Court of Appeal · Apr 18, 1988

Marrero was not allowed to carry a gun as a Posse member because he could not shoot a qualifying score at the shooting range. … The court in Bell, supra, at 1136-37 then stated: The jury’s resolution of this issue is not, however, immune from appellate review.

Harris v. Metropolitan Life Insurance Co.

35 So. 3d 266 · Louisiana Court of Appeal · Feb 5, 2010

Harris had qualified for disability benefits pursuant to the policy, and that Mr. … Harris’ suit was clearly not premature, and the trial court legally erred in so holding.

State v. Van Dyke

856 So. 2d 187 · Louisiana Court of Appeal · Oct 1, 2003

Clearly, the time limitation for the commencement of the defendant's trial for second degree murder has not lapsed. … He testified as to the numerous problems throughout the case with getting qualified counsel to represent the defendant.

M. Hayes & Associates Realty v. Moliere

982 So. 2d 173 · Louisiana Court of Appeal · Mar 11, 2008

However, because of the representations and offers made by Moliere and/or AME — which representations were clearly fraudulent — MH & A bypassed those other opportunities and sustained significant economic loss as a result … to contract with specificity, that Moliere, an AME corporate officer, committed the fraudulent acts, and that Moliere's fraudulent acts could not, by law, be authorized by AME such as to provide him with immunity from suit