Case law

Town of Sterlington v. East Ouachita Recreation District No. 1

215 So. 3d 381 · Louisiana Court of Appeal · Jan 27, 2017

It is also possible other EORD teams will qualify for a spot in such Dixie Youth tournaments. … The proposed improvements to the facilities at Osterland are clearly within EORD’s statutory ^authority.

Beck v. Boh Bros. Const. Co.

72 So. 2d 765 · Louisiana Court of Appeal · May 24, 1954

Construction Company, and, without making any allegation as to why Travelers Insurance Company is brought into the case, avers that Travelers Insurance Company is a foreign corporation and is qualified to do and is doing … Boudreaux, La.App., 142 So. 874, 875 , the Court said: "A street thus established by a municipal corporation becomes public property belonging to all in common. * * *" "This street, when thus established, was segregated from

Hebert v. Magnolia Life Insurance Co.

94 La.App. 3 Cir. 1195 · Louisiana Court of Appeal · Mar 1, 1995

The medical evidence establishes that Victoria was diagnosed as HIV positive before the date on which he completed the policy application. … Clearly, these knowing misstatements materially affected the risk assumed by Magnolia Life. Accordingly, the trial court did not err.

Melancon v. Meadow Brook Rehab

3 La.App. 3 Cir. 1255 · Louisiana Court of Appeal · Apr 7, 2004

As such, it argues, the injury was readily apparent and would not qualify for the two-year prescriptive period for delayed-onset injuries. … This is clearly outside the one-year time limit outlined for such claims in La.R.S. 23:1209(A). Accordingly, the workers’ compensation judge erred in denying Health South’s peremptory exception of prescription as to Ms.

In re Interdiction of Hall

6 La.App. 3 Cir. 1649 · Louisiana Court of Appeal · Jun 6, 2007

Bamburg, clearly indicate Amy is suffering from mental illness which causes her to be a danger to herself and others. See La.R.S. 28:54(A). … The administrative law judge concurred in the finding that Amy did not meet the legal definition of “developmentally disabled,” but recommended the following: While the appellant does not qualify for services in the MR/DD

Pan American Petroleum Corp. v. Alexander

190 So. 2d 643 · Louisiana Court of Appeal · Sep 27, 1966

is clearly convincing to the court that the interest acquired by Mary Ann Washington at the constable sale of the property of Alma Washington and Otis Washington was acquired by Mary Ann Washington, by agreement, for the … “After the death of Mary Ann Washington, her succession was opened, will probated, and Hobert Alexander qualified as executor.

Duhe v. Texaco, Inc.

779 So. 2d 1070 · Louisiana Court of Appeal · Feb 7, 2001

Each established a price. The price that the "01" code established was paid to most royalty owners. In the ten years following 1988, Texaco had 6,000 or 7,000 productive private leases in Louisiana. … Although this factor is not articulated in Rule 23, it is well-established in federal law and is, likewise, well-established in Louisiana law. See McCastle, 456 So.2d 612 .

State v. Becnel

904 So. 2d 838 · Louisiana Court of Appeal · May 31, 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. … Appellate courts will consider whether a witness has previously been qualified as an expert when reviewing the decision of the trial court to qualify a witness as an expert. State v.

O'Connor v. Nelson

10 La.App. 5 Cir. 250 · Louisiana Court of Appeal · Jan 11, 2011

That judgment also dismissed Citizens on the undisputed evidence that established that the deceased was an insured under the policy. … The trial court also found that Camille Spinelli and Ronny Nelson do not qualify as insureds under the policy and were not entitled to a defense in this lawsuit.

Harris v. Eysink

2011 La.App. 4 Cir. 1636 · Louisiana Court of Appeal · Jun 27, 2012

Harris’ testimony clearly stated that had she not been sexually harassed on the job she would still be working for Piccadilly. Furthermore, the reliance on Mr. … Applying the facts of this case, as established by the record, to the controlling statute, we find Mrs.

Hoag v. State Ex Rel. Kennedy

836 So. 2d 207 · Louisiana Court of Appeal · Nov 20, 2002

We note that during the 1988 legislative session, the legislature did not amend LSA-R.S. 13:2591 A to remove or qualify the salary supplement to the availability of funds or the appropriation of funds in the appropriations … XII, § 10(A) and (C) provide as follows: (A) No Immunity in Contract and Tort.

Cooper v. LOUISIANA STATE DOTD

885 So. 2d 1211 · Louisiana Court of Appeal · Jun 25, 2004

He was not qualified as an expert in accident reconstruction. In an oral pre-trial motion, counsel for Jenny sought to exclude from evidence any opinion by Trooper Perdue as to the causation of the accident in question. … It is a well-established jurisprudential rule that a court of appeal may not set aside a trial court or a jury's findings of fact in the absence of manifest error or unless it is clearly wrong. Rosell v.

Brandon v. Motors Liquidation Co.

79 So. 3d 454 · Louisiana Court of Appeal · Nov 9, 2011

He must establish a causal link between the work-related accident and his injury. Player v. International Paper Company, supra. … that the |, Ending is clearly wrong.

Harper v. Smith

968 So. 2d 321 · Louisiana Court of Appeal · Oct 24, 2007

Cummings was qualified to perform the surgery that Rev. Finley needed. There is also no dispute that FMC did not have a full-time surgery team and that most of the surgery performed at FMC is elective. … that the fact finder is clearly wrong or manifestly erroneous.

Hurd v. McKeithen

663 So. 2d 537 · Louisiana Court of Appeal · Oct 31, 1995

Hurd is qualified to be a candidate for the vacancy and alleges that he is a prospective candidate for that vacant judgeship. … Because the legislature is entitled to exercise powers not clearly and specifically denied by the constitution, when a court reasonably can do so, it must construe statutes so as to preserve their constitutionality.

Redmond v. Ouachita Coca-Cola Bottling Company

76 So. 2d 553 · Louisiana Court of Appeal · Dec 1, 1954

Responsive to appropriate proceedings plaintiff was later appointed, qualified and was confirmed as natural tutrix of the said minor. … The principle which is applicable in this connection was clearly stated in an opinion by Judge Janvier in Piacun v.

State v. Armstard

991 So. 2d 116 · Louisiana Court of Appeal · Aug 13, 2008

In cases in which the state cannot establish an essential element of the offense under any set of facts conceivably provable at trial, the motion to quash is the proper procedural vehicle. State v. … We begin our analysis with the statutory text and the well-established rules of construction of criminal statutes in this state.

Robledo v. Orr Motors of Louisiana, Inc.

582 So. 2d 892 · Louisiana Court of Appeal · Jun 19, 1991

Keith Orr testified Robledo was only "concerned about his income flow" because the new dealership's customer base was not yet established. … Thus, for example, the provisions of Article 1450 of the Code of Civil Procedure, governing the uses of depositions, must be read as qualified by the provisions of this Code.

State of Louisiana v. Calvin Horton

Louisiana Court of Appeal · Nov 18, 2020

Appellate courts apply a two-pronged test when reviewing a sentence for excessiveness: (1) whether the trial court adequately considered the guidelines established in La. C. Cr. … Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La. C. Cr. P. art. 894.1. State v.

Joseph Waguespack v. New Orleans Police Department

Louisiana Court of Appeal · Nov 30, 2022

Whitaker, [20]03-0512 at p. 5, 863 So.2d at 576. 4  • On appeal, the standard of review is established by the constitutional rule that the Commission … He did not believe answering questions about a private conversations fifteen years prior would qualify as a “matter of the department” as stated in the rule, and thus would not constitute a violation. Capt.