Case law

Wright v. Mark C. Smith & Sons Partnership

264 So. 2d 304 · Louisiana Court of Appeal · Sep 18, 1972

Tammany Parish Police Jury setting forth the minimum requirements for site improvements in order to qualify a tract of land as a legal and acceptable subdivision. … In this instance, the CNB's claim is clearly an intervention. The pleading is styled an intervention.

State v. Jackson

96 La.App. 3 Cir. 1182 · Louisiana Court of Appeal · Mar 26, 1997

A person who consents to a search clearly could not be heard to complain of the violation of his privacy. … He urges that courts in this state have recognized that drug dogs should be certified and trained to detect drugs before their actions can be used to establish probable cause.

State v. Allen

99 La.App. 4 Cir. 2358 · Louisiana Court of Appeal · Mar 21, 2001

I aIt was stipulated that if Teresia Lang were called as a witness, she would be qualified as an expert in the testing and analysis of controlled substances, and would testify that the substances introduced in evidence tested … This linking of documents through a defen *69 dant’s social security number, date of birth, name, case number, etc. can be sufficient to establish identity. State v.

State v. Brown

550 So. 2d 922 · Louisiana Court of Appeal · Sep 27, 1989

Under those circumstances, the witness was obviously qualified as an expert, though not tendered as such. … The evidence in the record, when viewed in a light most favorable to the prosecution, clearly establishes that defendant could distinguish right from wrong at the time of the offense and that defendant is guilty of aggravated

Thibodeaux v. O'QUAIN

9 La.App. 3 Cir. 1266 · Louisiana Court of Appeal · Mar 24, 2010

However, he is not qualified to be primary custodian of Patrick because he is emotional, fun to be with, and has mental problems. … Lastly, we acknowledge that the trial court made findings of fact that are not clearly established by the record, e.g., Patrick being disrespectful to Lauren.

Isaac v. Lathan

836 So. 2d 191 · Louisiana Court of Appeal · Nov 8, 2002

The record before us reveals that Lathan did not have workers' compensation insurance at the time of the incident in question and was not qualified as a self-insured employer. … In considering the language of LSA-R.S. 23:1171.2, even under a strict construction, we note that the statute clearly provides that the amount of weekly compensation shall be increased by 50% where the employer has to provide

State v. Ruiz

630 So. 2d 897 · Louisiana Court of Appeal · Dec 30, 1993

Also urine samples of the defendant were taken. [1] Officer John Palm was qualified as an expert in blood testing. … The procedures used in the instant case are clearly distinguishable from the procedures used in Benoit .

Faucheux v. Hooker Chemical Corp.

440 So. 2d 1377 · Louisiana Court of Appeal · Nov 9, 1983

Appellant submits secondly that the trial court was clearly wrong in finding appellee, Faucheux, totally and permanently disabled as a result of the June 29, 1979 accident. … An odd lot claimant need not be absolutely helpless to qualify for total disability.

Lawrence v. Terral Seed, Inc.

796 So. 2d 115 · Louisiana Court of Appeal · Sep 26, 2001

Three certified public accountants were qualified as experts and testified at trial concerning the accounting data for the company. … The record does not clearly establish Wisner's financial performance for 1998.

State v. Fanguy

643 So. 2d 860 · Louisiana Court of Appeal · Oct 5, 1994

Thus, the jury was clearly informed that Dr. Benoit was not giving his opinion about the defendant's guilt or innocence. We find Dr. … We find the trial court did not abuse its discretion in qualifying Dr. Moncrief as a credible expert in the present case. This assignment of error lacks merit.

Thompson v. Department of Police

2016 La.App. 4 Cir. 1314 · Louisiana Court of Appeal · Jun 7, 2017

Appellate courts review the Commission’s finding of facts pursuant to the clearly wrong or manifest error standard. Muhammad v. … Discussion The appellant first argues that the Commission erred in finding the NOPD established a lawful cause for disciplining Officer Thompson.

Ducote v. Boleware

2015 La.App. 4 Cir. 0764 · Louisiana Court of Appeal · Feb 17, 2016

IG *947 [rabies immune globulin] is indicated for high risk exposures only, thus not indicated and represents poor decision making on the part of the ER staff. … Ducote and her sister testified that they were registered nurses, neither was qualified to opine on the issue of the medical necessity of the anti-rabies treatments.

Bella v. Tassara

2011 La.App. 4 Cir. 0092 · Louisiana Court of Appeal · Oct 12, 2011

In this case, the trial court found that the depositing of the funds into the joint accounts did not qualify as an onerous donation because Ms. … Tassara to return $50,000.00, rather than $66,418.55, to the estate, considering the evidence clearly established that $116,418.55 was in the joint accounts on the date of Ms. Bella’s death.

Commercial Flooring & Mini Blinds, Inc. v. Edenfield

2013 La.App. 1 Cir. 0523 · Louisiana Court of Appeal · Feb 14, 2014

Similarly, the issue of whether there were corroborating circumstances sufficient to establish an oral contract is a question of fact. Pennington Const., 652 So.2d at 639 . … When evaluating the evidence needed to establish the existence of a contract, the jury is allowed to make credibility determinations. Imperial Chemicals Ltd. v.

State ex rel. K.Z.

15 La.App. 3 Cir. 1029 · Louisiana Court of Appeal · Mar 2, 2016

The trial court clearly acted within its discretion. Therefore, the assignment of error lacks merit. Id. at 1288-89. … Clearly the incorrect date was a typo and an omission.

Posey v. Singletary

855 So. 2d 853 · Louisiana Court of Appeal · Sep 24, 2003

R.S. 40:1299.44(0), the malpractice claimant obtains the benefit of having liability established for purposes of obtaining excess damages, up to the statutory cap, from the PCF. … This amendment clearly reflects the intent and purpose of the agreed settlement as expressly represented by the Poseys in their petition.

State v. Lande

934 So. 2d 280 · Louisiana Court of Appeal · Jun 28, 2006

The party who attacks the statute bears the burden of clearly establishing its unconstitutionality. [12] The incest statute, LSA-R.S. 14:78, provides in pertinent part: § 78. Incest A. … The mere existence of a fact unknown to a defendant does not qualify that fact as impeachment evidence.

State ex rel. C.E.

15 La.App. 3 Cir. 555 · Louisiana Court of Appeal · Oct 7, 2015

Pursuant to La.Ch.Code art. 608, “[t]he parents of a child who is the subject of a child in need of care proceeding shall be entitled to qualified, independent counsel at the continued custody hearing and at all stages of … Moreover, the State had the burden of establishing just one statutory ground of La.Ch.Code art. 1015. State ex rel. J.M., 837 So.2d 1247 .

Williams v. Muses, Ltd. 1

2016 La.App. 4 Cir. 0250 · Louisiana Court of Appeal · Oct 19, 2016

A reviewing court should not intervene unless the administrative agencies’ conduct is clearly unreasonable and arbitrary. See Bourgeois v. … Hilbert, on the other hand, opined that tax credits should not be included and are not required under established appraisal guidelines.

Palombo v. Bacque

931 So. 2d 1226 · Louisiana Court of Appeal · May 31, 2006

Has-nain is not qualified to testify as to the standard of care for a urologist, with respect to surgical positioning and repositioning. Palombo v. … Clearly, none of these doctors related Mrs. Palombo’s complaints to her surgery in October of 1998. Furthermore, the record contains the depositions of two of the doctors on the Medical Review Panel.