Case law

State v. Addison

920 So. 2d 884 · Louisiana Court of Appeal · Dec 27, 2005

"The trial court's decision to deny a motion to suppress is afforded great weight and will not be set aside unless the preponderance of the evidence clearly favors suppression." State v. … Benton was *898 qualified to testify regarding delayed disclosure. Id. at 847.

Aaron's, Inc. v. Norman S. Foster, Director of Finance and Ex-Officio Tax Collector of Orleans Parish; Errol G. Williams, Assessor for Orleans Parish; And the Louisiana Tax Commission

Louisiana Court of Appeal · Sep 25, 2019

Hester, 219 La. 763, 54 So. 2d 12 (La. 1951),1 we find a plain reading of the constitutional provision intended that the owner of the personal property is the party required to use the item in his/her home in order to qualify … This sentence clearly demonstrates that the legislature intended that rental-purchase agreements be deemed sales for state and local sales tax purposes.

Gracianette v. Emeril's Restaurant

99 La.App. 4 Cir. 0981 · Louisiana Court of Appeal · Apr 5, 2000

The Second Circuit noted that subpart (aa) does not qualify or limit how the wage basis is to be made to calculate the Supplemental Earnings Benefits mandated by LSA-R.S. 1221(3) for an employee in this particular type of … that the finding is clearly wrong (manifestly erroneous).

State v. Vidrine

2008 La.App. 3 Cir. 1059 · Louisiana Court of Appeal · Apr 29, 2009

In the case of sexual offenses, the testimony of the victim alone can be sufficient to establish the elements of a sexual offense, even where the State does not introduce medical, scientific or physical evidence to prove … In reviewing the decision of the trial court to qualify a witness as an Inexpert, the appellate courts will also consider whether a witness has previously been qualified as an expert.

State v. Joseph

916 So. 2d 378 · Louisiana Court of Appeal · Nov 2, 2005

The facts, as stated at the time the guilty plea was entered, clearly support the plea of guilty to the charge of aggravated burglary. … Charging the defendant with both aggravated burglary and armed robbery, based upon the same set of facts, clearly violates the "same evidence" test as set forth in Crosby and Steele .

Phillip Family L.L.C. v. Bayou Fleet Partnership

12 La.App. 5 Cir. 565 · Louisiana Court of Appeal · Feb 21, 2013

by the evidence and clearly contrary to the testimony provided at trial.” … The testimony presented at trial clearly established that the highest and best use of this property includes barge fleeting.

Jackson v. United States Fid. & Guar. Co.

382 So. 2d 223 · Louisiana Court of Appeal · Mar 5, 1980

Clearly the testimony of Doctors Gaar and Ventre was more persuasive in deciding whether or not plaintiff was physically injured. … At several points during his testimony, Doctor Garr admitted that he was not qualified to psychologically evaluate Mr.

Harper v. Great Atlantic & Pacific Tea Co.

257 So. 2d 468 · Louisiana Court of Appeal · Jan 31, 1972

He further qualified this testimony that if it would have been bagged in the front, it would have been before the store opened, which would have been approximately two hours prior to the accident. Mr. … The law as applicable to slip and fall cases is well settled in Louisiana and has been very clearly expressed by the Court in Peters v. Great Atlantic & Pacific Tea Company, Inc., 72 So.2d 562 (La.

Rudd v. Land Co.

172 So. 804 · Louisiana Court of Appeal · Mar 1, 1937

Recorder and Notary Public, in and for the said Parish, duly qualified came and appeared T. R. … On the establishment of such a case, a duty devolved upon plaintiff to attack defendant’s title with proper and sufficient evidence.

Caplan v. Latter & Blum, Inc.

462 So. 2d 229 · Louisiana Court of Appeal · Feb 4, 1985

Caplan's financial concerns were amply supported by the testimony of Gerald Duhon, Certified Public Accountant, who qualified as an expert witness in the field of public accounting. Mr. … However the lease, which operates as law between the parties, clearly dictates that attorney's fees become due when the lease is breached.

State v. Bacon

578 So. 2d 175 · Louisiana Court of Appeal · Mar 28, 1991

The evidence clearly established that State Exhibit 13 was the .22 rifle Guy carried to the victim's carport door and State Exhibit 14 was the .38 pistol Ms. Thomas used to shoot Guy. … Clearly, the evidence was sufficient to prove second degree murder.

MacHen v. Bivens

906 So. 2d 468 · Louisiana Court of Appeal · Feb 11, 2005

Leaving aside the issue of whether the correspondence is properly authenticated for purposes of summary judgment, it is clearly incompetent and insufficient to establish a genuine issue of material fact as to the completeness … These statutes provide that unless the context clearly indicates otherwise, the word "or" indicates the disjunctive.

Succession of Launius

503 So. 2d 682 · Louisiana Court of Appeal · Mar 4, 1987

We do not agree that the trial court was manifestly erroneous in qualifying Doctor Rowden to testify as an expert witness. … Gallagher failed to establish by clear and convincing evidence that Edward B. Launius lacked testamentary capacity at the time he executed his testament. To support her case, Mrs.

Bridges v. Cepolk Corp.

13 La.App. 3 Cir. 1051 · Louisiana Court of Appeal · Feb 12, 2014

“Exemptions from taxation are to be strictly construed against the person claiming the exemption[,] and they must be clearly and affirmatively established.” Bill Roberts, Inc. v. … Exemptions from taxation are to be strictly construed against the person claiming the exemption and they must be clearly and affirmatively established. Cajun Electric Power Cooperative, Inc. v.

Louise Frederick Versus St. Charles Surgical Hospital, LLC C/W Louise Frederick Wife of/and Steven Frederick Versus St. Charles Surgical Hospital, LLC

Louisiana Court of Appeal · Dec 23, 2024

Such a reading of the peer review committee privilege is clearly too expansive in light of our decision in Smith ...” and instructed the trial court to re-examine, in-camera, if necessary, the discovery requests made by … We construe immunity statutes strictly against the party claiming immunity, and we construe any doubts against the application of immunity based on a specific set of facts. Tebault v. E. Jefferson Gen.

Highland Clinic, A Professional Medical Corporation v. Manish Dhawan, M.D.

Louisiana Court of Appeal · Sep 27, 2023

Dhawan qualified for any funding beyond what was provided in Phase I. Dr. Dhawan testified that he was busy in the last few months of his employment with Highland in 2019. … To reverse the trial court’s determinations, the appellate court must find that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding is clearly wrong

Succession of Shepard

156 So. 2d 287 · Louisiana Court of Appeal · Jul 1, 1963

In due course the will was probated and the then United States Attorney for the Eastern District of Louisiana qualified and was recognized as testamentary executor; the National Institutes of Health, United States Public … As the executor does not contend that Article 433 is applicable, and clearly it is not, for the reason that neither the United States Government nor the National Institutes of Health, United States Public Health Service,

Harris v. Olivier's Contractors

14 La.App. 3 Cir. 765 · Louisiana Court of Appeal · Dec 10, 2014

mind that under the scheme of the Workers’ Compensation Act, an employee losses his right to full damages for his injury and instead receives compensation measured as a percentage of wages while the employer surrenders the immunity … It would be |4ridiculous for an employee to establish the negligence of the employer when the employee has already pursued his workers’ compensation action in the Office of Workers’ Compensation, established his rights to

France v. EAST CENT. BOSSIER FIRE PROTECT.

4 So. 3d 959 · Louisiana Court of Appeal · Feb 25, 2009

X, § 16 as follows: A system of classified fire and police civil service is created and established. … Unless the fundamental rights, privileges and immunities of a person are involved, there is a strong presumption that the Legislature in adopting a statute has acted within its constitutional powers.

Soverign Ins. Co. v. Texas Pipeline Co.

470 So. 2d 969 · Louisiana Court of Appeal · May 29, 1985

CAUSE IN FACT Texas contends the judgment finding it at fault is clearly contrary to the law and evidence presented at trial. … The statements attributed to Towery by Brannon qualify as admissions. La.R.S. 15:449-450; D.