Case law

State v. Zeigler

945 So. 2d 946 · Louisiana Court of Appeal · Dec 20, 2006

Only when this is accomplished will the state be required to establish the constitutionality of the previous conviction. … These court minutes clearly show that defendant was represented by counsel when he pleaded guilty to two counts of simple burglary in 1977.

Jenkins v. Safeco Insurance Co. of America

520 So. 2d 786 · Louisiana Court of Appeal · Nov 4, 1987

Wilkerson, III, of Central Hospital, a qualified expert in internal medicine, treated Mrs. Jenkins at this time. He diagnosed her as having chemical hepatitus and thyrotoxicosis. … An appellate court can disturb an award made by the trial court only where the record clearly reveals that the trier of fact abused its great discretion. Gonzalas v.

State v. Deters

517 So. 2d 1040 · Louisiana Court of Appeal · Oct 7, 1987

Clearly the State did not solicit the answer nor was the unsolicited answer embellished by the State. … He argues that he was given the maximum sentence under the habitual offender statute and that he does not qualify for the maximum sentence under Louisiana jurisprudence.

State Farm Fire & Cas. Co. v. Valley Elec. Membership Corp.

558 So. 2d 731 · Louisiana Court of Appeal · Mar 14, 1990

Clearly, Valley Electric had a duty to properly determine whether its equipment was the cause of Croft's dimming problems. … Clearly, their objection came too late.

Marsalis v. La Salle

94 So. 2d 120 · Louisiana Court of Appeal · Mar 11, 1957

Marsalis a few times while she was hospitalized, but it clearly appears that these visits were on a friendly and not a professional basis. … Kirgis answered: "No, I don't think that it could be established that they are not associated with it.

State v. Walters

514 So. 2d 257 · Louisiana Court of Appeal · Oct 14, 1987

Qualified jurors need not ... be totally ignorant of the facts and issues involved. … The admission of Sheila's statement was clearly error.

Griffith v. Latiolais

11 La.App. 3 Cir. 166 · Louisiana Court of Appeal · Jun 1, 2011

C.C. art. 134 clearly fell in Resa’s favor. Griffith, 32 So.3d at 389 . … R.S. 9:358.1 whereby a parenting coordinator may be appointed to assist the parties in resolving disputes but only “if the court has previously entered a judgment establishing child custody, other than an ex parte order.”

Tahoe Corp. v. P & G GATHERING SYSTEMS

506 So. 2d 1336 · Louisiana Court of Appeal · May 6, 1987

Deal next insisted that Tahoe's wells qualified for maximum prices under NGPA. … The jurisprudence clearly establishes that a price, though not determined at the moment of sale, is valid if it is objectively determinable. See, e.g., Louis Werner Sawmill Co. v.

Babineaux v. Southeastern Drilling Corporation

170 So. 2d 518 · Louisiana Court of Appeal · Mar 29, 1965

(Southeastern, a Texas corporation, was amenable to suit in Louisiana as a foreign corporation qualified to do business here.) … The evidence shows clearly, I think, that Seacat Offshore maintained an office in Dallas, Texas. Mr.

Fisher v. Cash Grocery and Sales

316 So. 2d 872 · Louisiana Court of Appeal · Jul 30, 1975

To qualify for compensation benefits from Cash Grocery under this provision as a "statutory employee", plaintiff would be required to establish that the work that Dewey Gremillion was doing for Cash *874 Grocery was part … hearing the plaintiff produces and attempts to call several witnesses to testify to facts within their personal knowledge, which contradict the material statements contained in the above affidavit, and which would show clearly

Halley v. First Financial Bank

506 So. 2d 169 · Louisiana Court of Appeal · Apr 9, 1987

A true loan situation, where the fiduciary clearly has distinct personal debts and attempts to secure these with the principal’s property, did not arise from the bank s point of view. … Nothing in the record establishes that the bank had received notice of such restrictions.

Hayes v. City of Alexandria

495 So. 2d 384 · Louisiana Court of Appeal · Oct 8, 1986

The policy clearly contemplates that an insured may make other payments at his own cost. … Since the record is devoid of any itemized description of services rendered, we must conclude that the trial judge’s decision to qualify the entire treatment at Cabrini Hospital as first aid is correct.

Henry v. Exchange Bank & Trust Co.

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.

McConathy v. Ungar

765 So. 2d 1214 · Louisiana Court of Appeal · Aug 23, 2000

Further, Ungar's motion asserted that the communication was subject to a privilege, either absolute or qualified, and thus was not actionable. … Moreover, even that group of decision makers, who acted for this large national corporation, is not clearly identified and understood to be defamed personally by the Letter.

Robinson v. City of New Orleans

247 So. 3d 791 · Louisiana Court of Appeal · May 16, 2018

Continuing, we stated as follows: Whatever the true nature of the proposed establishment, the fact is that the record evidence indicates that the establishment qualifies as a "health club" under the New Orleans CZO, as it … of the establishment is not devoted to a particular purpose, such rules must be clearly set forth in the official zoning ordinance, not imposed on a case-by-case basis. *804 Id. , 00-0815 at pp. 10-11, 780 So.2d at 1151

State v. Collins

981 So. 2d 843 · Louisiana Court of Appeal · Apr 30, 2008

P. art. 894.1 by establishing a factual basis for the sentence. … With his criminal record of robbery and theft, Collins qualifies as a worst offender; with the violence of the incident, the emotional trauma to the victims and the financial loss to Butch's, it also qualifies as a most serious

ARKANSAS FUEL OIL CORPORATION v. Weber

149 So. 2d 101 · Louisiana Court of Appeal · Apr 11, 1963

In other words, the right of a purchaser to rely upon the public records is qualified by the right of an adverse claimant to assert ownership acquired by prescription. We hold this conclusion to be well established. … We are convinced that the above requirements have not been established.

Succession of Harrison

183 So. 3d 579 · Louisiana Court of Appeal · Nov 18, 2015

These actions clearly demonstrated Mr. Harrison’s dona-tive intent to irrevocably divest himself of the money and established that there was actual delivery of the cash to Ms. Speed. … It also contains no evidence that he has any mental incapacity or physical infirmity to otherwise qualify as a forced heir. Accordingly, we find that the trial court properly dismissed Mr.

Succession of Valerie Bryan Braswell

Louisiana Court of Appeal · Apr 9, 2025

She testified that she works at Willis-Knighton Medical Center at Internal Medical Center, where she is a nurse practitioner, and the court qualified her as an expert nurse practitioner. … Testimony clearly shows that Kenneth did not understand the difference between a will and a power of attorney.

McDaniel v. McDaniel

670 So. 2d 767 · Louisiana Court of Appeal · Mar 6, 1996

An increase of this magnitude in the income of the payor qualifies as a substantial change in the circumstances of the parties, which will support a modification of the prior consent decree. … Since they have clearly agreed that this is an extraordinary medical expense that a provision should be made for, *773 the statute requires that it be added to the basic child support obligation.