Case law

In Re: Medical Review Panel for the Claim of Cecily Rae Crane

Louisiana Court of Appeal · Apr 22, 2021

Crane did not satisfy her burden of showing that the judgment was clearly contrary to the law and the evidence. This appeal followed. On appeal, Ms. … respect to the qualified health care providers had been timely paid.

Carrollton Presbyterian Church v. Presbytery of South Louisiana of the Presbyterian Church

2011 La.App. 1 Cir. 0205 · Louisiana Court of Appeal · Sep 14, 2011

Thus, the fault for the order not being timely signed is not clearly imputable to the appellant. Since the motion and order were timely filed, the appeal will not be dismissed because the order was not timely signed. … Accordingly, the rule to show cause is hereby recalled and the appeal maintained as qualified herein. 2 Unrelated to the rule to show cause, Carrollton filed a motion to partially dismiss this appeal.

Clomon v. Monroe City School Bd.

557 So. 2d 1100 · Louisiana Court of Appeal · May 25, 1990

Both Mitchell and Charles [sic] were qualified and experienced people. The Court cannot really believe the assertion that Antonio was allowed to exit the bus by himself. … Donald, clearly connected with the accident and her anxiety from it.

Hays v. Louisiana Wild Life and Fisheries Com'n

165 So. 2d 556 · Louisiana Court of Appeal · Jun 1, 1964

LSA-Constitution, Article 14, Section 15, (O)(1) clearly vests in the Commission the exclusive right and authority to "hear and decide all appeals and the legality of all removal and disciplinary cases". … Unquestionably, if appellant had not been unlawfully discharged, and his performance of duties had continued in a normal manner (the record indicating that all his prior service ratings were satisfactory *564 and qualified

Labarron McClendon v. Sewerage & Water Board of New Orleans

Louisiana Court of Appeal · Apr 5, 2024

someone else who is qualified and who has taken the necessary constitutional, statutory and regulatory examinations from taking [his or] her position.” … Callahan responded, “Well, as clearly indicated in the email exchange at the time, yes.”

Spears v. Louisiana Board of Practical Nurse Examiners

16 La.App. 5 Cir. 587 · Louisiana Court of Appeal · Jun 15, 2017

Cajun Bag & Supply Co., 97-1225 (La. 03/04/98), 708 So.2d 375, 382 , the court said that hearsay evidence “can qualify as ‘competent evidence,’ provided that the evidence has some degree of reliability and trustworthiness … Spears has failed to meet her burden of proving that the record contains no facts to establish the validity of the charges against her.

Marilyn D. White and Sylvia Sue White Individually and Obo Sylvia White Pevey (D) v. Rapides Healthcare System, LLC D/B/A Rapides Regional Medical Center

Louisiana Court of Appeal · Dec 4, 2019

Pevey as she was clearly aspirating and choking to death in her presence.” … (b) Establishing a nursing diagnosis and identifying health care needs, or both. (c) Establishing goals to meet identified health care needs.

New Orleans Silversmiths, Inc. v. Toups

261 So. 2d 252 · Louisiana Court of Appeal · Jun 22, 1972

It is well established by jurisprudence that mortgages for the purpose of creating collateral to be used as security for the payment of debts or obligations not yet in existence but to be made in the future are sanctioned … Toups Co., Inc., loans to ascertain if they qualify under the retrospective provisions of LSA-C.C. art. 3158.

Dunn v. Potomac Ins. Co. of Illinois

657 So. 2d 660 · Louisiana Court of Appeal · Jun 23, 1995

The Potomac policy defines "insured" as "any person or organization qualifying as such under SECTION C—Who Is An Insured." Section C states, in pertinent part, as follows: 1. … However, any liability Thibodeaux d/b/a Forrest Builders may have clearly relates to or pertains to the conduct of the business of Forrest Builders.

Donald R. Modicue v. Prince Of Peace Auto Sale, LLC

Louisiana Court of Appeal · Sep 22, 2021

clearly wrong. … An appellate court may not set aside a trial court’s finding of fact in the absence of manifest error or unless it is clearly wrong. Id.

State v. Camp

59 So. 3d 548 · Louisiana Court of Appeal · Mar 16, 2011

However, the threat of arson was clearly communicated before the exchange concluded. … To establish that his attorney was ineffective, the defendant first must show that counsel’s performance was deficient.

Levin v. May

887 So. 2d 497 · Louisiana Court of Appeal · Sep 17, 2004

The payment due by the closing date was clearly the payment of those taxes incurred in the interim between the agreement date and the closing date. … Specifically, goodwill is defined as "the probability that the customers of the old establishment will continue their patronage."

Tessier v. Pratt

2008 La.App. 1 Cir. 1268 · Louisiana Court of Appeal · Feb 13, 2009

Under these facts, the joint motion to adopt the schedule and the signing of the case management schedule were steps sufficient to establish a waiver of the defendants’ right to plead abandonment. … Under the facts herein, the simultaneous verbal assertion did not void the affirmative act of signing the scheduling order, which appears in the record and clearly hastened the suit to judgment.

City Life Live, L.L.C., and Marcia D. Meredith v. Post Office Employees Federal Credit Union

Louisiana Court of Appeal · May 15, 2024

clearly wrong. … Smith was well qualified to testify regarding banking matters.

State v. Chinn

11 La.App. 5 Cir. 893 · Louisiana Court of Appeal · Apr 24, 2012

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. … The testimony established that defendant was asked to exit his vehicle for safety reasons while the canine performed its search.

Griggs v. Bounce N' Around Inflatables, L.L.C.

248 So. 3d 563 · Louisiana Court of Appeal · Apr 6, 2018

Both activities qualified as prohibited tasks for minors under La. R.S. 23:161, yet the plaintiff's employment in general was considered legal under child labor laws. … In Ewert , a minor sustained injuries after a tree fell on him while employed in the logging industry-a clearly prohibited employment under La. R.S. 23:161.

Boudoin v. Crawford and Marshall, Ltd.

709 So. 2d 798 · Louisiana Court of Appeal · Jan 14, 1998

that the finding is clearly wrong (manifestly erroneous). … This pseudo tumor is not a cancer, but involves pneumonia and immune cells that react in a benign process; these form a mass in the lung and mimic a tumor. These pseudo tumors do not require surgery.

Henry v. Henry

904 So. 2d 800 · Louisiana Court of Appeal · May 31, 2005

York may select another qualified professional. In addition, the trial court provided that Dr. … York, or a qualified professional desig *803 nated by him, shall conduct the behavioral evaluations and implement any necessary treatment programs.

State v. Holmes

791 So. 2d 669 · Louisiana Court of Appeal · Jun 27, 2001

The court also discounted the officer's testimony about the quantity of cocaine involved in personal use versus distribution as the officer was not qualified as an expert. … These facts clearly establish probable cause for the issuance of a warrant. Accordingly, we find no merit in defendant's arguments relative to probable cause.

Grissette v. Thomas

704 So. 2d 1215 · Louisiana Court of Appeal · Nov 7, 1997

More specifically, plaintiff asserts the record establishes the walkway/driveway presented an unreasonable risk of harm. … Although he had graduated from a certified engineering college, he had not worked for an engineering firm for five years and had not qualified to sit for the licensing exam.