Case law

Billy Joe Harrington, in His Official Capacity as District Attorney for the 10th Judicial Court, Natchitoches, Louisiana v. Mozella Jeanetter Bell

Louisiana Court of Appeal · May 3, 2019

Bell asserts that no statute sets the time for establishing residence. … Based upon our analysis, the date for meeting residency requirements is already established as one year prior to qualifying to run for office, pursuant to La.R.S. 33:384, which comports with the requirements in the Election

Feinblum v. Louisiana State Board of Optom. Exam.

97 So. 2d 657 · Louisiana Court of Appeal · Oct 4, 1957

sought to enjoin a bond issue on the ground, inter alia, that two of the police jurors, whose vote was necessary to the majority vote apportioning the bonds did not possess the legal qualifications and were not legally qualified … When the agency's action is unconstitutional, beyond its jurisdiction or clearly illegal.

State v. Green

52 So. 3d 253 · Louisiana Court of Appeal · Nov 17, 2010

The victim, J.D., was leaning on the front of the patrol car. 2 Kessler interviewed the victim whom he described as clearly distraught. He observed that she had lacerations and bruises to her face, head, and back. … Mollie Bride, a DNA forensic Scientist at the Louisiana State Police Crime Lab, was qualified as an expert in the field of Forensic DNA analysis. Ms.

Boyter v. Blazer Const. Co., Inc.

505 So. 2d 854 · Louisiana Court of Appeal · Apr 1, 1987

Peterson and Co., who qualified as an expert witness, indicated that this was standard language in the industry to indicate that the extent of usage of leased vehicles was presently unknown. … Woods was clearly a broker in this situation, not an agent for General Agents. III. Conclusion Because of our determination that Mr.

Hayes v. Autin

685 So. 2d 691 · Louisiana Court of Appeal · Dec 26, 1996

Autin who is both licensed and qualified to perform vasectomy. We fully understand all details about vasectomy as a means of birth control. The vasectomy was performed on July 19, 1993. Dr. … Even under a subjective standard, the facts in the case sub judice clearly show that Mr. Hayes gave an informed consent to the conventional vasectomy.

Donohoe Oil & Gas Co. v. MacK-jourden Co.

144 So. 169 · Louisiana Court of Appeal · Nov 10, 1932

“Before me, the undersigned authority, a duly qualified Notary Public in and for the Parish and State above written, came and appeared S. E. … establishments, before that of the place where the obligation was entered into.”

Poullard v. Michael

870 So. 2d 481 · Louisiana Court of Appeal · Apr 7, 2004

The nurse on duty is qualified to treat and administer first aid as is necessary. There was no need for a physician to evaluate you at that time. … For the foregoing reasons, we conclude that the administrative review procedures established by law were not complied with in the instant case. It is not necessary to assign fault for this non-compliance.

Carter v. Spears

248 So. 2d 859 · Louisiana Court of Appeal · May 25, 1971

(John) Mozeke, plaintiffs’ grandfather, had been duly appointed and qualified as tutor of the minors, Booker T. Carter and James D. … This allegation is not correct as the record clearly shows that Mattie Jean Mozeke Spears was duly appointed tutrix for Willie Mae Nelson (Probate Docket 955) and was authorized to sell the minor’s interest in the property

Gullatt v. J.C. Penney Co.

93 La.App. 3 Cir. 1485 · Louisiana Court of Appeal · Jun 1, 1994

Plaintiff applied for unemployment insurance benefits but was not qualified. During the period April, 1991 through July, 1991, plaintiff did not work or see any physician. … Plaintiff asserts she is entitled to the evidentiary presumption of causation established in the case of Lucas v. Ins. Co. of North America, 342 So.2d 591 (La.1977), and restated in Housley v.

Jenkins v. &198tna Casualty Surety Co.

158 So. 217 · Louisiana Court of Appeal · Jan 7, 1935

The three first named claimants were minors at the time of the filing of this suit, and they are represented by their major sister, Lucy, who, as both parents are dead, has qualified as tutrix. … It is contended that, while carrying on his shoulder a large block of ice, weighing one hundred pounds, and while walking across certain railroad tracks to make a delivery at the establishment of a customer, he permitted

VAN MARTIN v. Martin

32 So. 3d 319 · Louisiana Court of Appeal · Apr 9, 2010

Landos testified that she was not qualified to comment on whether Anna was at fault in the termination of the marriage. Dr. Landos stated that C.M. said she felt ignored in the house. … Consequently, we must conclude that the trial court was clearly wrong in finding that Anna was at fault in the dissolution of the marriage.

Small v. Levy

355 So. 2d 643 · Louisiana Court of Appeal · May 5, 1978

Without these words, the exception clearly applies to Judge Levy. … The purpose of the constitutional provision was to insure not only that judges were qualified when elected, but also that they remained qualified during their terms of office.

Ballard v. Younger Transportation, Inc.

461 So. 2d 593 · Louisiana Court of Appeal · Dec 28, 1984

The factual conclusion reached by the trial *597 court that plaintiff suffers substantial pain is not clearly wrong and will not be disturbed on appeal. Crump v. … Once the worker establishes that he falls into the odd lot category, however, he is entitled to total, permanent disability compensation unless the employer or his insurer is able to show that some form of suitable work is

Pinsonneault v. Merchants & Farmers Bank

738 So. 2d 172 · Louisiana Court of Appeal · Jul 21, 1999

that the finding is clearly wrong (manifestly erroneous). … Hence, metaphorically again, negligent tortfeasors and intentional tortfeasors are like apples and oranges which are not always susceptible of comparison simply because they both qualify as fruit.

D & O CONTR., INC. v. Terrebonne Parish Sch. Bd.

545 So. 2d 588 · Louisiana Court of Appeal · May 16, 1989

Factual findings of a trial court will not be disturbed unless clearly wrong or manifestly erroneous. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). … surface will qualify for their warranty-guarantee.

Unisys Corp. v. La. Office of Motor Vehicles

270 So. 3d 637 · Louisiana Court of Appeal · Dec 28, 2018

The record establishes that Hoyt, Green, and Aranyosi routinely signed for and approved deliverables on behalf of the Department. … law judge when judicial interest was not prayed for by the qualified health provider).

Succession of Henry

287 So. 2d 214 · Louisiana Court of Appeal · Nov 30, 1973

This is correct, but clearly not the situation when one comes in alleging they are entitled to the marital portion. This marital-fourth is not a bequest. … Townsend is in that he was not qualified as an expert, nor is there any designation as to his occupation or profession.

Dufrene v. Gautreau Family, LLC

980 So. 2d 68 · Louisiana Court of Appeal · Feb 22, 2008

At the trial, Bhola Dhume, an architect, who was employed by the City of New Orleans as Deputy Director of Department of Public Safety and Permits was qualified *74 as an expert in building codes and designs. … clearly wrong.

West v. Bruner Health Group, Inc.

3 La.App. 3 Cir. 152 · Louisiana Court of Appeal · Oct 29, 2003

West traveled to Oklahoma, attended J.A.B. training classes and qualified as a J.A.B. sales agent. While in Oklahoma, she met the Bruners. On December 1, 1997, J.A.B. retained Mrs. … Clearly, the evidence was sufficient to establish with reasonable certainty the J.A.B. profits from the sale of the wheelchairs and therefore was sufficient to establish the appropriate commissions.

State v. Morehead

870 So. 2d 428 · Louisiana Court of Appeal · Apr 2, 2004

The state clearly established that the gun in question was the murder weapon. The salient portions of Clarissa's testimony was borne out by other evidence, particularly as to motive and time frame. … The trial court found the state had clearly established that the murder *441 had occurred in Ouachita Parish, and denied the defendant's motion.