Case law

Kobler v. Koch

6 So. 2d 55 · Louisiana Court of Appeal · Oct 31, 1941

The range line, running north and south, that separates said Section 6 from the land immediately west of it is clearly the western boundary of the subdivision. … Hence it must be said that visible bounds of Lot 98, as originally established, actually existed at the time of defendant's purchase in 1923.

Louisiana Nat. Bank v. LaBorde

527 So. 2d 41 · Louisiana Court of Appeal · Apr 6, 1988

However, the record established that he was an appraiser of six years experience and that he had personally inspected the property. … The mere failure to type in his name in the two blank spaces, when otherwise his identity was clearly established and the statutory guidelines for the appraisal were faithfully followed, is not a fundamental defect sufficient

State v. Montgomery

499 So. 2d 709 · Louisiana Court of Appeal · Dec 10, 1986

Defendant also knew that his co-conspirators, the persons to whom the defendant made the statements, had been granted immunity and were testifying for the State. … We do not find it necessary to comment on the prosecution evidence introduced to establish defendant's specific intent to kill.

Joseph Celestine v. Lafayette City-Parish Consolidated Government and Abc Insurance Company

Louisiana Court of Appeal · Nov 20, 2024

Because the undisputed evidence demonstrates reasonable efforts to maintain the safety of Cypremort Park, the State was clearly not grossly negligent, nor did the State act with intent to cause injury … But Plaintiff failed to produce factual support sufficient to establish the existence of a genuine issue of material fact.

John Doe and Jane Doe Individually and on behalf of their minor child, Johnny Doe v. ABC School, Joseph Doe and DEF School Board

Louisiana Court of Appeal · Dec 17, 2020

that the finding is clearly wrong. … Thus, two of the four Baumeister factors are established by the evidence.

In Re Stelly's Estate

185 So. 637 · Louisiana Court of Appeal · Jan 11, 1939

The surviving widow of the deceased qualified as natural tutrix to her said minor son and took the usual proceedings against the tax collector by rule to have the inheritance coming to her said minor son from his deceased … Of course, there is no occasion to resort to the doctrine of contemporaneous construction by administrative officers where the construction is clearly at variance with the provisions of the law.

State of Louisiana v. Murphy Cormier General Contractors,inc.

Louisiana Court of Appeal · Jun 3, 2015

The facts of this case are clearly distinguishable from Showboat. … The Code also sets forth in La.Civ.Code art. 1927: A contract is formed by the consent of the parties established through offer and acceptance.

Lege v. United States Fidelity & Guaranty Co.

217 So. 2d 761 · Louisiana Court of Appeal · Jan 16, 1969

Also applicable is the evidentiary rule that the expert opinions expressed by a physician who examines and treats the injured party ordinarily is entitled to greater weight than are those expressed by an equally qualified … We agree that the evidence fails to- establish that he sustained such an injury.

State v. Bernard

2014 La.App. 4 Cir. 0580 · Louisiana Court of Appeal · Jun 3, 2015

Officer Leary has been qualified and testified as a ballistic expert in state and federal courts in Louisiana on numerous occasions. … Where the record clearly shows an adequate factual basis for the sentence imposed, resentencing is unnecessary even when there has not been full compliance with La.C.Cr.P. art. 894.1. Id.

Mistich v. Weeks

107 So. 3d 1 · Louisiana Court of Appeal · Jul 13, 2012

Thereafter, if the adverse party fails to produce factu *5 al support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact. … or that automobiles owned or furnished for regular use must be listed on the declaration page to qualify for coverage.

TL James & Co. v. Kenner Landing, Inc.

550 So. 2d 1378 · Louisiana Court of Appeal · Jan 5, 1990

When fraud or deceit is absent, other circumstances must be so strong as to clearly indicate that the corporation and shareholder operated as one. Kingsman, supra . … The Department was created and established as provided in LSA-R.S. 56:1.

State v. Washington

597 So. 2d 1084 · Louisiana Court of Appeal · Apr 8, 1992

By virtue of that background, he more than adequately qualified as an expert for purposes of identifying the seized substance as cocaine. As shown by the record, defense counsel extensively cross-examined Mr. … This assignment clearly lacks merit.

Smith v. Midland Risk Ins. Co.

699 So. 2d 1192 · Louisiana Court of Appeal · Sep 24, 1997

Here, trial testimony established that the plaintiff explored the possibility of financing the purchase of a new automobile rather than repairing her damaged vehicle. … Thus, plaintiff does not qualify as an insured and Section 1220 B(5) does not apply to her claim. See Levy v. Cummings, 25,475 (La.App.2d Cir. 1/19/94), 631 So.2d 55 .

Slack v. Dunn

5 So. 2d 164 · Louisiana Court of Appeal · Nov 28, 1941

The amount of the claim must be established with legal precision, and it must be proved with certainty that the funds were received by the husband and used in his business. … It is clearly to be seen that the legal requirements above set forth, concerning the matter of proof, have not been met. Even if Mrs.

Wegman v. Central Transmission, Inc.

499 So. 2d 436 · Louisiana Court of Appeal · Dec 3, 1986

"Bill" Moran was qualified as an expert in gas marketing and transportation. … The evidence clearly shows that the contracts between CTI and its limited partnerships do not establish fair market value. 2.

Burgard v. Allstate Ins. Co.

904 So. 2d 867 · Louisiana Court of Appeal · May 31, 2005

Before an appellate court can disturb the quantum of an award, the record must clearly reveal that the jury abused its discretion. … The mental and emotional components of the injury have clearly affected Triay. The medical testimony established several cognitive deficits related to the subject accident, including short-term memory loss.

Freestate Industrial Development Co. v. T. & H., INC.

209 So. 2d 568 · Louisiana Court of Appeal · May 17, 1968

We think the evidence in the record clearly establishes that the bed of Old River is a natural drain that has served a portion of the properties abutting it and inclusive of the areas comprising Highland Park Subdivision … Of course, this rule is qualified to the extent that the alteration or change in method must not cause any greater quantity to flow than before.

Davis v. Wal-Mart Stores, Inc.

99 La.App. 5 Cir. 723 · Louisiana Court of Appeal · Jan 12, 2000

Clearly Sam’s, in its failure to offer any evidence to contradict that offered by the plaintiff failed in this regard. … Howard Katz was qualified as an expert in physical medicine and rehabilitation.

Deltide Fishing & Rental Tools, Inc. v. Gardner

216 So. 2d 594 · Louisiana Court of Appeal · Dec 5, 1968

These are established in LSA-C.C. 2376 and 3319. “The reason for granting her this privilege is that our law vests the husband with full control of the community property, and the wife with none. … The evidence clearly shows that Mrs. Gardner had a valid paraphernal claim against the community in the amount of $8,000.00 which was used to remodel their home in 1960.

Spain v. MOSQUITO CONTROL BOARD

2008 La.App. 4 Cir. 0515 · Louisiana Court of Appeal · Nov 19, 2008

First, as in other civil matters, deference must be given to the factual findings made by the Commission, which should not be disturbed unless manifestly erroneous or clearly wrong. … Considering this law, we agree with the Commission's determination that the May 18th meeting qualifies as a pretermination hearing for which Mr. Spain was provided adequate notice under Loudermill .