Case law

JCM Const. Co., Inc. v. Orleans Parish School Bd.

860 So. 2d 610 · Louisiana Court of Appeal · Nov 17, 2003

Gegg qualified for surety credit through the SBA because of his character, job experience and financial statements. … The trial court qualified him as an expert in analyzing accounting and financial information. He was not qualified as an expert in economic analysis. Mr.

Darrin Morgan and Kimberly Kay Morgan, on behalf of their minor child, Layla Rae Morgan, f/k/a Malayshia Denise Kinchen v. State of Louisiana through the Department of Children and Family Services, Leonard Burton and Christel Burton

Louisiana Court of Appeal · Feb 21, 2020

After reviewing the parties' responses to the directives set forth in this court' s show cause order, we conclude that the parties have failed to establish or otherwise show by briefs that the March 29, 2019 judgment is … In the absence of a valid final judgment clearly stating the party or parties in favor of whom the ruling is ordered and the exact relief granted or denied by the judgment, we are constrained to conclude that this court

Smith v. LOUISIANA HEALTH & HUMAN RES.

637 So. 2d 1177 · Louisiana Court of Appeal · May 18, 1994

Krebs clearly was a well-qualified expert witness. … that the finding is clearly wrong (manifestly erroneous).

Odell v. Odell

14 La.App. 3 Cir. 250 · Louisiana Court of Appeal · Jun 4, 2014

The trial court clearly erred as a matter of law in awarding attorney’s fees purportedly under R.S. 9:355.6. Discussion Relocation Request Ms. … Kel-lerhuis would be qualified for a number of jobs in the Lafayette area, and she could earn a salary in the mid-$30,000 range. While Ms.

State ex rel. Department of Highways v. Smith

270 So. 2d 178 · Louisiana Court of Appeal · Nov 13, 1972

The record establishes that to restore the premises to the former condition, extensive repair of the pond will be required. … The trial court’s reasons for judgment clearly indicate he did not fix the fees in this instance purely on the contract agreement between defendant and defendant’s experts.

Matter of Carline Tank Services, Inc.

627 So. 2d 669 · Louisiana Court of Appeal · Aug 13, 1993

Clearly, where a constitutional issue is at stake, these groups would have standing to present them. … The legislature clearly has the power to define the scope of appellate review as to administrative agency determinations under La. Const. Art.

Best v. State Farm Fire and Cas. Co.

969 So. 2d 671 · Louisiana Court of Appeal · Oct 10, 2007

In order to satisfy the aforementioned conditions, the insured need not establish that the wind actually created a hole in the structure, but instead must only demonstrate that the direct force of the wind created an opening … Thus, in accord with general rules of proximate cause, water entering a structure through a breach caused by the impact of a wind-blown object qualifies as damage by wind, bringing the loss under the policy coverage.

Rapides Central Ry. Co. v. Missouri-Pac. R. Co.

25 So. 2d 828 · Louisiana Court of Appeal · Mar 4, 1946

In order to qualify under defendants' theory of the right to expropriate, every railroad would have to prove its ability to carry passengers as well as freight, and, likely, going a step further would be forced to show that … It is well established that awards made by juries of freeholders of the vicinage will be disturbed only in cases of manifest error.

Eicher v. LA. STATE POLICE, RIVERBOAT GAMING ENFOR. DIV.

710 So. 2d 799 · Louisiana Court of Appeal · Feb 20, 1998

award a license or permit to any person who is disqualified on the basis of any of the following criteria: .... (3) The conviction of or a plea of guilty or nolo contendere by the applicant, or of any person required to be qualified … provision in this opinion will be to its current designation. [2] By Act 7 of the First Extraordinary Session of 1996, the Louisiana legislature enacted the provisions of LSA-R.S. 27:1 et seq., effective May 1, 1996, which established

State v. Hankton

719 So. 2d 546 · Louisiana Court of Appeal · Sep 16, 1998

Paul McGarry, qualified as an expert in forensic pathology, testified that Stevenson's death was caused by multiple gunshot wounds. One shot to the head and one to the heart had penetrated his body deeply. … Although there was some confusion as to whether Deal told Beard that Hankton was a suspect before she chose his picture, she clearly stated repeatedly that she had chosen the picture because it was a picture of the man who

State v. Sneed

571 So. 2d 735 · Louisiana Court of Appeal · Dec 5, 1990

Stinnett's testimony as to the race of his neighbor was clearly harmless and thus not grounds for reversal. LSA-C.Cr.P. Art. 921. This assignment of error lacks merit. … Specifically, defendants assert that a proper chain of custody had not been established prior to the admission of 20 various exhibits.

State v. Pendergist

444 So. 2d 306 · Louisiana Court of Appeal · Dec 22, 1983

Since the jurisprudence clearly holds that these test results are not admissible at the trial, we do not find error in the refusal by the trial court to permit questioning in this area. … the results of the lie-detector test administered to Harris, which indicated that Harris was telling the truth when he stated he initially lied to the grand jury, have been available since September 1980, and thus do not qualify

Shoreline Oil Corporation v. Guy

189 So. 348 · Louisiana Court of Appeal · Mar 31, 1939

one-half interest in and to the following described property, to-wit: * * * There follows an exact description of the various tracts described in the mineral lease from Harrell to Hardy, supra, which is followed by this qualifying … The record clearly negatives that he thought he had done so.

State of Louisiana v. Gerald P. Burns

Louisiana Court of Appeal · Jun 30, 2021

The state argues Burns fails to show by clear and convincing evidence that his mental illness qualifies as an exceptional circumstance warranting a downward departure from the constitutional minimum sentence. … The record does not establish that Burns is under constant supervision, which is what would be required to prevent another offense such as the one perpetrated on M.A.

Brooks v. Leggett & Platt, Inc.

94 La.App. 1 Cir. 0617 · Louisiana Court of Appeal · Nov 9, 1995

Section 1121(D) clearly indicates that the consultation and examination conducted by a physician chosen by a claimant under the section shall be at the claimant's expense. … Accordingly, in order to establish an equitable determination of expert fees, the expert should present a basis in fact as to what his/her time is actually worth.

Koertge v. State Farm Fire and Casualty Insurance Company

266 So. 3d 441 · Louisiana Court of Appeal · Feb 27, 2019

Importantly, future medical expenses must be established with some degree of certainty. Menard , supra ; Terry , supra . … Harris was qualified and accepted as an expert in counseling and school psychology.

Forbes v. Cockerham

985 So. 2d 86 · Louisiana Court of Appeal · Mar 7, 2008

Before an appellate court can reverse a fact-finders determinations, it must find from the record that a reasonable factual basis does not exist for the findings and that the record establishes that the findings are clearly … Because the evidence establishes that a reasonable factual basis exists for the jury's findings, they are not clearly wrong or manifestly erroneous. Stobart v.

Rachal v. Department of Wildlife

918 So. 2d 570 · Louisiana Court of Appeal · Dec 30, 2005

that a reasonable trier of fact would not credit the witness's story, a trier of fact's findings based on its decision to credit the testimony of one or two or more witnesses can virtually never be manifestly erroneous or clearly … Defendants did not establish that the complaint was true or that a privilege is applicable to Lt. Fannin's publication of the defamatory report. The LDWF agents who Lt.

Noland v. Noland

16 La.App. 3 Cir. 641 · Louisiana Court of Appeal · Apr 26, 2017

If it does not process information correctly, then the disability has to be “remediated” by a qualified educator by use of certain techniques. … It is Ryan’s contention that the trial court erred in establishing itself as a “safety monitor” for the children rather than placing the children with Ryan. We disagree.

Woodrow Wilson, Jr. v. Town of Mamou

Louisiana Court of Appeal · Dec 19, 2007

Accordingly, we find the immunity statutes inapplicable. … Even though the trial court obviously found the sister’s testimony was not credible, the record clearly establishes, as borne out by the witnesses, that several minutes prior to the fatal shooting, Ms.