Case law

Quarles v. Jackson Parish Police Jury

482 So. 2d 833 · Louisiana Court of Appeal · Jan 22, 1986

The duly qualified administratrix of the succession of Hayward C. Quarles, Mrs. Lennie W. Quarles, has been substituted as plaintiff. Mr. Quarles was a justice of the peace in Jackson Parish. … The record clearly establishes that the intent of the Jackson Parish Police Jury on February 8, 1982, was to approve a monthly allowance for the appellant's office expense.

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.

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.

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.

Hebert v. Union Oil Co. of California

405 So. 2d 1135 · Louisiana Court of Appeal · Oct 12, 1981

Hebert clearly follows under Olsen v. … The weak, corroded high pressure gas lift line involved in this case certainly qualifies as such.

State v. Wortham

107 So. 3d 132 · Louisiana Court of Appeal · Nov 14, 2012

Furthermore, the facts as set forth in the record by the State clearly indicate that Wortham sold only $20 worth of crack cocaine to a confidential informant. … Wortham received a substantial benefit from his plea bargain and qualified as a second felony offender.

Wallace C. Drennan, Inc. v. St. Charles Parish

16 La.App. 5 Cir. 177 · Louisiana Court of Appeal · Sep 22, 2016

Saleh’s testimony lacked reliability for establishing the facts argued by St. Charles Parish. Our review of Mr. … clearly wrong.

Silk v. Silk

691 So. 2d 97 · Louisiana Court of Appeal · Apr 2, 1997

The decision of the WCHO, in my opinion, is clearly wrong, factually and legally, and should be reversed. Before MARVIN, C.J., and WILLIAMS, STEWART GASKINS and PEATROSS, JJ. ON REHEARING MARVIN, Chief Justice. … The contribution required by the statute is not qualified or limited to a monetary contribution. Neither should the contribution be required to have been made concurrently or closely to the contributing spouse's death.

Isla Resources, LLC v. Frey

931 So. 2d 1233 · Louisiana Court of Appeal · May 31, 2006

Clearly, the testimony of Ms. King-Pa-tin and Mr. Vegas as to whether a background check was performed prior to Ms. Frey’s hiring is not consistent. … Clearly, there is a dispute over the issue of whether Rhino Referral is the industry standard.

Dewenter v. Mott

27 So. 2d 444 · Louisiana Court of Appeal · Oct 9, 1946

Clearly, in our opinion, under such facts, no consideration for an extension was due by the plaintiff nor was a formal tender of the purchase price necessary. [2] When we come to consider that phase of the case on the merits … It was not until November 30, 1942 that the judgment for separation between the defendant and his wife was signed and even then that judgment did not establish the status of the property because that was done only in the

Schiro v. STATE THROUGH DEPT. OF TRANSP. & DEVELOPMENT

99 La.App. 4 Cir. 2754 · Louisiana Court of Appeal · Apr 11, 2001

The two-part test for the appellate review of a factual finding is: (1) whether there is a reasonable factual basis in the record for the finding of the trial court, and (2) whether the record further establishes that the … In this case, because Trooper Ogle was not qualified as an expert in accident reconstruction, the trial court expressly *509 discounted his testimony as to how and where the impact occurred.

Jennifer Arcuri Versus Walter Stevens, Jr., Eliana Defrancesch, in Her Capacity as Clerk of Court for St. John the Baptist Parish

Louisiana Court of Appeal · Aug 29, 2023

restate the “qualified voters” requirement at the end of the provision when establishing a residency requirement within their districts or divisions. … The enacting body clearly chose to limit the time element to residency by placing “the parish” without the time element after “qualified voter of” in the first sentence.

First Nat. Bank of Vicksburg v. Drexler

184 So. 607 · Louisiana Court of Appeal · Jun 30, 1938

convinced that to designate a litigant as a nephew of a deceased person meets all the requirements of the law and sufficiently informs defendant of the nature of plaintiff’s claim and of what he intends to prove in an effort to establish … This article of the Code of Practice clearly has no application to an attachment of a right, such as in the case at bar. It applies to tangible property taken into possession by the sheriff.

Mark Patout v. Underwriters at Lloyd's London

Louisiana Court of Appeal · Mar 1, 2017

The Louisiana Supreme Court and this court have addressed this situation. 1 The LPLA “establishes the exclusive theories of liability for manufacturers for damage caused by their products. … The first Louisiana case that clearly adopted the doctrine of contributory negligence was Fleytas v.

Howell Constr., Inc. v. Andry Lerner, L.L.C.

258 So. 3d 125 · Louisiana Court of Appeal · Oct 24, 2018

Clearly, inherent in qualifying for economic loss damages is an implicit requirement that a business owner show an economic loss. … Ciolino offered no explanation as to how a business with tax returns indicating that it had been operating for at least two years prior to the oil spill qualified as a "Start-Up Business." Similarly, Mr.

Jordan v. Ryan

95 La.App. 4 Cir. 2259 · Louisiana Court of Appeal · Nov 27, 1996

Before a fact-finder’s verdict may be reversed, the reviewing court must find from the record that a reasonable factual basis does not exist for the verdict, and that the record establishes the verdict is manifestly wrong … wrong based on the evidence, or clearly without evidentiary support.

Ducote v. Perry's Auto World, Inc.

98 La.App. 1 Cir. 1972 · Louisiana Court of Appeal · Nov 5, 1999

On review, we find that there is a reasonable basis for the court's factual conclusions, and that they are not clearly wrong. Mart v. Hill, 505 So.2d 1120, 1127 (La.1987). … C.C. art. 2548 in 1993, has established three criteria for such a waiver to be effective: 1) The waiver must be written in clear and unambiguous terms; 2) The waiver must be contained in the sale document; 3) The waiver must

Renfro v. Burlington Northern Santa Fe Railway Co.

15 La.App. 3 Cir. 372 · Louisiana Court of Appeal · May 11, 2016

Therefore, an appellate court should only disturb the trier of fact’s allocation of fault when it is clearly wrong or manifestly erroneous. … Renfro’s petition in this matter lacks any factual allegations sufficient to establish a bystander claim under La.Civ.

State, Department of Transportation & Development v. Monteleone

11 La.App. 5 Cir. 1013 · Louisiana Court of Appeal · Nov 13, 2012

Oubre was qualified without objection as an expert in real estate appraisal and expropriation. … In this case, testimony established that attorney fees of $873,430.00 were incurred if calculated on an hourly basis, not including the work performed in March of 2010 and thereafter.