Case law

Smith v. HJ Landreneau Bldg. Contractor

426 So. 2d 1360 · Louisiana Court of Appeal · Feb 3, 1983

This is clearly not a declaration of the defect but rather a denial that the defect exists. … Moreau, who qualified as an expert appraiser, testified that the market value of a house depreciates from 10 to 75 percent due to susceptibility to flooding.

State v. Barbre

499 So. 2d 1324 · Louisiana Court of Appeal · Dec 10, 1986

The district court concluded that defendant failed to establish that he was entitled to a court-appointed psychiatrist and, accordingly, refused defendant's request. … Upon being qualified as an expert, Trooper Cross testified that, of the persons he has observed, the quantity of marijuana that those persons would usually possess for their personal consumption would be less than an ounce

East Bank Cons. Spec. Serv. Fire v. Crossen

892 So. 2d 666 · Louisiana Court of Appeal · Dec 28, 2004

Article XII, § 3 of the Louisiana Constitution of 1974 provides that "No person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law." … Moreover, the right is not absolute; it is qualified by the rights of others. The right is also limited by society's right to be informed about legitimate subjects of public interest. Id., at 566 .

McNeal v. Massman Construction Co.

98 La.App. 3 Cir. 1792 · Louisiana Court of Appeal · May 5, 1999

Because McNeal failed to establish that he was physically incapable of performing any employment, we conclude that the workers’ compensation judge did not err in denying McNeal’s claim for disability benefits. … La.R.S. 23:1221(3)(a) provides that in order to qualify for supplemental earnings benefits, a claimant must prove that a work-related injury resulted in his inability to earn wages equal to 90% or more of his wages at the

Suire v. LCS Corrections Services, Inc.

930 So. 2d 221 · Louisiana Court of Appeal · May 3, 2006

The testimony recited above also established that the control room position was considered a full duty one. … While Suire contends that the trial court erred in awarding lost wages for a period of only five months, she states in her brief that she "does not contend that such error was clearly wrong" and does not brief the issue further

Brown v. East Baton Rouge Parish School Bd.

405 So. 2d 1148 · Louisiana Court of Appeal · Oct 12, 1981

The evidence clearly establishes that at no time were seven members of the board present at the gathering at Mr. Goodwin's office on April 9, 1980. … Netterville was a member of the Committee, and nothing in evidence indicates that he was not qualified to or allowed to vote with the Committee, the evidence shows that Dr.

Warren v. Shelter Mutual Insurance Co.

15 La.App. 3 Cir. 1113 · Louisiana Court of Appeal · Jun 29, 2016

It was established by the expert testimony from Mr. … Glen Vamvoras certainly knew that there were qualified boat mechanics located just a short distance from his home as he had used two of them for general maintenance.

Sydnes v. Harwell

94 La.App. 3 Cir. 1194 · Louisiana Court of Appeal · Mar 1, 1995

We should not set aside a trial court’s findings of fact in the absence of “manifest error” or unless the findings are “clearly wrong.” Rosell v. ESCO, 549 So.2d 840 (La.1989). … Those defects of more recent origin which might not be subject to the “grandfather” clause were clearly visible to the reasonably prudent buyer.

State v. Robinson

563 So. 2d 477 · Louisiana Court of Appeal · May 30, 1990

Barnes' testimony clearly indicates that defendant did not have the weapon concealed. … He's not trying to be an expert and I'm not trying to qualify him. He saw Jerome Grayer later—he saw the scene.

Hayes v. Gunn

12 La.App. 3 Cir. 1153 · Louisiana Court of Appeal · Apr 24, 2013

Therefore, although Hayes was in possession prior to the institution of this dispute, Hayes clearly does not own any portion of Lot 13. Lot 13 is clearly owned by Brittany Marie Gunn. … In the case at bar, Hayes clearly does not have any act translative of ownership regarding Lot 13 and he clearly knew of the defects in his ownership.

St. Landry Homestead Federal Savings Bank v. Vidrine

12 La.App. 3 Cir. 1406 · Louisiana Court of Appeal · Jun 12, 2013

These qualify as contracts as that term is defined in La.Civ.Code art. 1906. … However, we do not interpret the supreme court’s decisions in Whitney, Jesco, and King to establish a rule of law that the Louisiana Credit Agreement Act renders a financial institution immune from any and all liability arising

Louisiana Local Government Environmental Facilities & Community Development Authority v. All Taxpayers

170 So. 3d 231 · Louisiana Court of Appeal · Feb 12, 2015

in 2009 and the novelty of the program to finance such qualifying improvements pursuant thereto, the LCDA instituted this proceeding to assist with the marketability of the PACE bonds. . … issuance of such bonds,” our ruling today clearly expresses no opinion as to the validity of any future actions or proceedings by the LCDA to obtain such approval of the State Bond Commission.

Spikes v. Louisiana Commerce & Trade Ass'n

13 La.App. 1 Cir. 919 · Louisiana Court of Appeal · Jul 2, 2014

Yet, he did not clearly state in his appeal to Medical Services what treatment had been provided to Ms. … R.S. 23:1203.1(B), which provides for the establishment of a Medical Treatment Schedule. .

Theresa Naquin v. Church Mutual Insurance Company, Covenant Christian Academy of Houma, Louisiana, and First Baptist Church of Houma

Louisiana Court of Appeal · Dec 30, 2024

The evidence before the court in this matter clearly established that Naquin was Jani- King' s employee. … the finding is clearly wrong.

Smith v. Smith

615 So. 2d 926 · Louisiana Court of Appeal · Mar 5, 1993

The record does not clearly indicate the disposition of these rules. [2] On January 9, 1991, Mr. … Taylor testified that he ordinarily does not make absolute recommendations unless specifically asked to do so because recommendations should be qualified in terms of the reasons given.

State v. McCullough

2000 La.App. 3 Cir. 983 · Louisiana Court of Appeal · Dec 6, 2000

(La.App. 3 Cir. 3/11/98) ; 715 So.2d 400, 414 , writ denied, 98-955 (La.10/9/98); 726 So.2d 17 , this court stated, "... the defendant must show that the percentage of minority persons in the general population who are qualified … The inculpatory statements were clearly against Calcagno's penal interest, as he confessed to committing the murder.

Faustina Pipe Line Co. v. Broussard

450 So. 2d 17 · Louisiana Court of Appeal · Apr 11, 1984

The trial judge's use of this comparable to establish the per-acre value of defendant's property was a reasonable exercise of his discretion. … Clearly, the trial court is empowered to award reasonable attorney's fees even if that means an award greater than 25% of the excess compensation judgment.

Bamma Leasing v. Secretary Dept. of Rev.

646 So. 2d 917 · Louisiana Court of Appeal · Nov 16, 1994

LSA-R.S. 47:302 establishes a tripartite scheme of taxation on articles of tangible personal property sold, used, or leased in this state. … In this case, Bamma has clearly had full judicial review of its case, and its invocation of Section 1486 is clearly erroneous.

Guillory v. City of Lake Charles

614 So. 2d 165 · Louisiana Court of Appeal · Feb 3, 1993

As a result, his conclusions of fact are afforded great discretion and will not be disturbed unless shown to be clearly wrong. Rosell v. Esco, 549 So.2d 840 (La.1989). … The medical evidence establishes Guillory is still experiencing pain and his shoulder is still "frozen." The evidence does not establish *170 that he could do any of the listed jobs at this time.

St. Charles Parish Waterworks District No. 2 v. Point Landing, Inc.

332 So. 2d 517 · Louisiana Court of Appeal · May 18, 1976

The record shows that Fromherz was the only qualified expert to testify on the subject of the two bids and the engineering basis for rejecting Fowler’s. … The contract price did not include an item of $5,549.67 to repair the pumps for which plaintiff is clearly entitled to recovery.