Case law

Bryant v. Long

180 So. 2d 22 · Louisiana Court of Appeal · Oct 27, 1965

We therefore find that the appel-lee Long has established his residence upon the homestead tract within the requirements of law. Decree. … If this is so, then Long’s home before and after his entry is situated upon the tract for which homestead entry is made, and Long clearly resided upon the homestead tract within six months of entry as required by statute.

State v. Montgomery

31 So. 3d 560 · Louisiana Court of Appeal · Jan 27, 2010

The facts developed at the trial are set forth in this court’s original opinion as follows: Lieutenant Dan Weaver was qualified as an expert in narcotics investigation and packaging. … Shaw, supra, was clearly distinguishable and affirmed the trial court’s decision.

Academy Mortg. Co., LLP v. Lamy

673 So. 2d 1209 · Louisiana Court of Appeal · Apr 24, 1996

Johnson applied for a car loan in early September, 1993, but was told she did not qualify. She informed Mr. … Such a finding may not be reversed by this court unless it is clearly wrong or manifestly erroneous. Lewis v. State, through DOTD, 94-2370, p. 4 (La. 4/21/95), 654 So.2d 311, 314 .

Jones v. Hawkins

708 So. 2d 749 · Louisiana Court of Appeal · Apr 9, 1998

The plaintiffs amended their petition to allege that R.S. 9:2800 is unconstitutional, as it conflicted with the waiver of sovereign immunity of La. Const. Art. 12, § 10(A). … However, he did not establish that the experience caused him "severe, debilitating, and foreseeable" emotional distress. La. C.C. art. 2315.6.

Meyers v. Acme Homestead Ass'n

18 La. App. 697 · Louisiana Court of Appeal · Dec 14, 1931

Thus we find that the attempt by plaintiff to qualify his acceptance of the checks was ineffective, and that the respective rights of the parties remained just as they wer.e, regardless of the insertion by Meyers of the words … It seems, then, that no matter how well established and no matter how irrevocably admitted the smaller sum may be, if, growing out of the same or a clearly related transaction, there is a real dispute as to whether a larger

Fontenot v. Travelers Indemnity Company

134 So. 2d 330 · Louisiana Court of Appeal · Nov 6, 1961

The evidence establishes that Mrs. … Her negligence in that respect clearly was a proximate and contributing cause of the accident.

State v. Moten

510 So. 2d 55 · Louisiana Court of Appeal · Jun 23, 1987

. *60 After examining the contested photographs, we find that their probative value clearly outweighs any prejudicial effect. Thus, these photographs were admissible. This assignment of error is without merit. … Prima facie proof of a prior felony conviction may be established by compliance with La.R.S. 15:529.1(F).

Cline v. St. Jude Medical Center, Inc.

619 So. 2d 712 · Louisiana Court of Appeal · May 27, 1993

Edna Doyle, a neurologist who was qualified as an expert in the field of physical medicine and rehabilitation. Dr. Doyle examined and treated Cline from January, 1989, until the time of trial. … While several doctors testified as to plaintiff's ability to handle light-duty work, the evidence supports the trial court's finding and we cannot say the trial court was clearly wrong in making that finding.

Maxwell v. Maxwell

217 So. 3d 1227 · Louisiana Court of Appeal · Apr 5, 2017

Maxwell had poor credit and Rcould not qualify for any type of mortgage. He explained that he purchased properties on his line of credit in his name and then refinanced them and added Mrs. … He states that the use of the OIB Line was clearly for the common interest of the spouses and was, therefore, a community obligation. Mrs.

State v. Taylor

2014 La.App. 4 Cir. 0151 · Louisiana Court of Appeal · Jun 18, 2014

Taylor failed to meet his evidentiary burden, and the trial judge properly denied his motion after clearly articulating her findings on the record. … Taylor bore the burden to establish that this evidence qualified as “newly-discovered” under Article 851(3). See Clayton, 427 So.2d at 832 , on reh’g. To substantiate those claims, Mr.

Joe Bonura, Inc. v. Hiern

419 So. 2d 25 · Louisiana Court of Appeal · Jul 30, 1982

The bills from Bonura, Inc., which were paid by the defendant, clearly indicated the plaintiff's "10% overhead" and "15% profit." … Fritscher was obviously qualified as an expert in the field of construction.

State v. Burns

699 So. 2d 1179 · Louisiana Court of Appeal · Sep 24, 1997

However, the general rule is that relative and qualifying clauses are to be applied to the words or phrase immediately preceding and are not to be construed as extending to or including others more remote. See 82 C.J.S. … This establishes an exception to the general rule of art. 881, and does not invalidate the habitual offender statute. State v. Williams, 326 So.2d 815 (La.1976); State v.

New Orleans Private Patrol Service, Inc. v. Valiant Payroll Service, Inc.

2010 La.App. 4 Cir. 1117 · Louisiana Court of Appeal · Jan 19, 2011

The Federal Arbitration Act establishes that as a matter of preemptive federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the issue at hand is the construction … It may be said that courts are far better qualified to decide issues of this kind.

Chrisham v. Blum

383 So. 2d 458 · Louisiana Court of Appeal · Apr 15, 1980

Bazley involved an interpretation of executive officer immunity from non-intentional acts, as set forth by Act 147 of 1976. … equipment shall either be identified as unsafe by tagging or locking the controls to render them inoperable or shall be physically removed from its place of operation. (4) The employer shall permit only those employees qualified

State v. Williams

442 So. 2d 740 · Louisiana Court of Appeal · Nov 22, 1983

The burden is on the defendant to establish a prima facie showing of such exclusion. … The defense clearly waived any objection that he might have had in the court below. This assignment is wholly without merit.

Saer v. New Orleans Regional Physician Hospital Organization

14 La.App. 5 Cir. 856 · Louisiana Court of Appeal · Mar 25, 2015

FACTS AND PROCEDURAL HISTORY Defendant/appellee, New Orleans Regional Physician Hospital Organization, Inc. d/b/a Peoples Health Network 1 (“Peo- ■ pies Health”), provides health plans to those who qualify for Medicare benefits … Clearly, Dr. Saer’s application for injunc-tive relief does not seek to preserve the status quo. At the time Dr.

Williams v. Tri-State Physical Therapy Inc.

850 So. 2d 991 · Louisiana Court of Appeal · Jun 25, 2003

We find the trial court was manifestly in error and clearly wrong in sustaining the exception and thus, we reverse the *993 judgment of the trial court and remand for further proceedings. … Billy received notification from the PCF dated July 30, 1999 that Tri-State was not a qualified health care provider and Billy received notification from the PCF dated, September 8, 1999, that Barnes was not a qualified health

Weeks, Kavanagh & Rendeiro v. Blake

2002 La.App. 4 Cir. 0964 · Louisiana Court of Appeal · Aug 14, 2002

After review of the instant writ application and the clearly appealable issues involved, this Court, on its own motion, converts the instant writ into an appeal and further requires that the appropriate appeal bond in filed … Moreover, the rule is long established that a judgment of dismissal without prejudice is a final judgment that may be appealed. Butler v.

Billups v. B.C. Enterprise Group, Inc.

2012 La.App. 4 Cir. 0281 · Louisiana Court of Appeal · Nov 7, 2012

Billups are established and defined by the signed written agreements governing Ms. Billups’ loan, which operates as the law between them. … Billups owed it a duty to ensure the quality of the work completed by the contractor that she selected and she also had a duty to select and retain a properly qualified contractor to complete the work.

JC Trahan Drilling Contractor, Inc. v. Cockrell

225 So. 2d 599 · Louisiana Court of Appeal · Jul 2, 1969

Numerous witnesses, eminently qualified, so testified. … Moreover, plaintiff has not established it was not in a position to know or establish the cause of the loss.