Case law

Devall v. Depaula

96 La.App. 1 Cir. 1067 · Louisiana Court of Appeal · May 9, 1997

Proposals to amend or repeal this charter may be made both by the council and by petition signed by not less than twenty-five (25) percent of the qualified voters of the City. … The latter ordinance, in substantive part, was identical to the prior ordinance establishing the public safety department.

Smith v. State Dept. of Health & Hospitals

895 So. 2d 735 · Louisiana Court of Appeal · Mar 2, 2005

constitutional or statutory provisions; (2) in excess of the agency's statutory authority; (3) made upon unlawful procedure; (4) affected by other error of law; (5) arbitrary or capricious or characterized by abuse of discretion or clearly … The question in this case is whether the Trust corpus is an available resource for purposes of qualifying for Medicaid benefits.

State ex rel. L.C.K. v. M.E.K.

799 So. 2d 555 · Louisiana Court of Appeal · Sep 26, 2001

Michelle Poe Triplett (“Triplett”), a licensed social worker qualified as an expert in social work, met MK and four of the girls in a therapeutic |7setting. … Clearly, too, the caseworker testimony revealed MK’s established and continued pattern of unwise relationship decisions which spanned a period of over five years and ultimately resulted in egregious harm to the girls.

Thompson v. PetroUnited Terminals, Inc.

536 So. 2d 504 · Louisiana Court of Appeal · Nov 22, 1988

The facts in this case clearly establish that Elvin Hillard, Ervin Hillard and George Thompson were not told that the tank which they entered contained an explosive chemical. … The evidence clearly establishes that cleaning a tank containing a highly explosive chemical is inherently dangerous.

State v. Lawrence

925 So. 2d 727 · Louisiana Court of Appeal · Mar 15, 2006

He was a qualified witness to testify in this regard and there is no indication of a lack of trustworthiness of the information. … As discussed above, the state presented adequate proof to establish the prior felony conviction.

Durkee v. City of Shreveport

587 So. 2d 722 · Louisiana Court of Appeal · Sep 25, 1991

Quantum By its third assignment the city urges the trial court was clearly wrong in awarding excessive damages. … Like any other element of special damages, however, future medical cost can and must be established with some degree of certainty.

Louisiana Department of Insurance ex rel. Donelon v. Theriot

2010 La.App. 1 Cir. 1476 · Louisiana Court of Appeal · May 3, 2011

Clearly, this indicates that the legislature intended for auditees to cooperate "with the Auditor. … The legislature repeatedly employs the qualifier, “in the performance of his duties” when providing for the authority of the |14Auditor.

State v. Ourso

2006 La.App. 1 Cir. 1467 · Louisiana Court of Appeal · Jun 8, 2007

R.S. 18:1505.2 clearly provides that the Board shall institute a civil proceeding for the collection of a civil penalty when the supervisory committee determines that a violation of Subsection H of the statute has *1066 occurred … candidates and committees that participate in a general election, he reporting period for the general election shall be deemed to begin the day following the primary election.” . " 'Spendthrift trust,' when used without other qualifying

Katner v. Katner

2009 La.App. 4 Cir. 0974 · Louisiana Court of Appeal · Dec 23, 2009

The trial court’s factual determination to the contrary is clearly wrong and we so find. The Supreme Court in Rosell v. … ESCO, 549 So.2d 840, 844 (La.1989) noted that the ordinary rule of deference to the fact finder is qualified “where documents or objective evidence so contradict the witness’s story, the court of appeal may well find manifest

In Re Succession of Burguieres

0 La.App. 5 Cir. 147 · Louisiana Court of Appeal · Oct 18, 2000

Proving a matter by clear and convincing evidence requires establishing that the existence of a disputed fact is highly probable, that is, much more probable than its non-existence. … Based on the foregoing, I conclude that the appellant established by clear and convincing evidence that Mr.

Callison v. Livingston Timber, Inc.

849 So. 2d 649 · Louisiana Court of Appeal · May 9, 2003

R.S. 3:4278.1 because the court found that there were no demarcations of the property lines except the iron stakes and that there was no evidence establishing that the defendants should have known they had transgressed the … Guidry's trial testimony reveals that he testified at trial that he was not a commercial forester and was not qualified to render an opinion as to the fair market value of the timber removed from the property.

Messina v. Isle of Capri Casino

4 La.App. 3 Cir. 1061 · Louisiana Court of Appeal · Dec 22, 2004

Bernauer as her choice of physician where the record established that employee knowingly and willingly executed a Choice of Physician form selecting Dr. Foret as her choice of physician. 3. … Richey, which in effect creates a jurisprudential exception to art. 1005, is clearly distinguishable from the case before us.

Hudnall v. Hudnall

2000 La.App. 1 Cir. 0330 · Louisiana Court of Appeal · May 11, 2001

The needs of this child clearly show a change in circumstances, thus establishing a presumption that Hadley's child support obligation must be modified and shifting the burden to Hadley to disprove the change or overcome … Gautreaux, III, qualified by the court as an accounting expert and called to testify on behalf of Dianne, Hadley's personal income tax returns failed to "clearly reflect his total income" for the years in question.

Smith v. Kepney

264 So. 3d 1214 · Louisiana Court of Appeal · Jan 16, 2019

If there are two permissible views of the evidence, the factfinder's choice between them can virtually never be manifestly erroneous or clearly wrong. Id . … Here, Smith offered proof of his claim of diminution in value through the testimony and value report of Vandergracht who was qualified as an expert in automotive appraisal and diminished value damages by the trial court.

Warren v. Everist

706 So. 2d 593 · Louisiana Court of Appeal · Jan 21, 1998

Likewise, the recognized authority of the Nelson treatise also qualified it to be introduced into evidence under the learned treatise exception to the hearsay rule. La.Code Evid. art. 803(18). … Plaintiff must first establish by a preponderance of the evidence that the treatment fell below the ordinary standard of care expected in that medical specialty and then establish a causal relationship between the alleged

Taylor v. STATE, DEPT. OF TRANSP.

879 So. 2d 307 · Louisiana Court of Appeal · Jun 23, 2004

The evidence presented by the other expert witnesses, including the Taylors' experts, clearly establishes that hydrology constitutes a part of the field of civil engineering. … DOTD presented no evidence to establish how, if at all, the property's value changed between 1994 and 2001.

Meyers v. Sabine Parish School Bd.

499 So. 2d 690 · Louisiana Court of Appeal · Dec 10, 1986

The school board insists that plaintiff's due process rights were honored and that plaintiff's guilt was established by substantial evidence. … She had worked as a teacher for thirty-one (31) years and indisputably qualified as a tenured or "permanent" teacher under LSA-R.S. 17:442. Zwolle Intermediate evidently has a cold gym.

Provenza v. Central & Southwest Services, Inc.

775 So. 2d 84 · Louisiana Court of Appeal · Dec 15, 2000

Provenza understood that he had qualified job security and that the reorganization would be completed without his job being affected. … Even the Q & A on which Provenza relies clearly states that a position could be affected for a compelling business reason.

Jeane v. Byrd Regional Hospital

10 La.App. 3 Cir. 0867 · Louisiana Court of Appeal · Mar 9, 2011

Futrell noted that two hospitals in Alexandria, Louisiana, were qualified to properly treat Mr. Jeane, as was the LSU Medical School in Shreveport, Louisiana. … However, reversal is required when this court finds that the trial court’s verdict was clearly without evidentiary support, or clearly wrong based on the evidence.

Cheron v. LCS Corrections Services, Inc.

872 So. 2d 1094 · Louisiana Court of Appeal · May 14, 2004

Recognizing tort actions as being clearly civil matters, the court found that the CARP legislation violated the Constitution by allowing the Department to exercise original jurisdiction in tort actions and was "an invalid … Because the Department has not established available administrative remedies other than those established pursuant to CARP, the Department has not sustained its burden of establishing an available administrative remedy.