Case law

Union Producing Co. v. Placid Oil Co.

178 So. 2d 392 · Louisiana Court of Appeal · Jul 1, 1965

20 South, Range 18 East which in effect precluded the establishment of any other range line. … Bridges, duly qualified and sworn as Civil Engineer and Land Surveyor, acting under instructions from Mr. Arthur A. Lancaster of Placid Oil Company.

Rosenquist v. New Amsterdam Casualty Company

78 So. 2d 225 · Louisiana Court of Appeal · Jan 31, 1955

She clearly comes within the terms of the Act, and if she sustained a disabling injury in the fall on the sun deck, it is compensable. … He himself said: "I don't like to qualify here as an expert witness." Dr. Edward H.

Bailey v. DeLaCruz

143 So. 3d 1220 · Louisiana Court of Appeal · Jun 16, 2014

They were clearly aware of the moisture/water problems and the mold in the home but failed to provide this information to the Baileys. … that the fact finder is clearly wrong or manifestly erroneous.

Tynirsha W. Rhine v. Bayou Pipe Coating

Louisiana Court of Appeal · Nov 2, 2011

And I’m not saying that, if he only establishes probability, he meets the criteria. … And I find that he’s qualified.

Clarkston v. Louisiana Farm Bureau Casualty Insurance

2007 La.App. 4 Cir. 0158 · Louisiana Court of Appeal · Jul 2, 2008

LIABILITY It is well settled that an appellate court may not disturb a trial court’s findings of fact unless the record establishes that a factual, reasonable basis does not exist and the finding is clearly wrong or manifestly … To establish such, the Clarkstons must sustain their burden under La.

Glassell Producing Co. v. Naquin

2016 La.App. 1 Cir. 0549 · Louisiana Court of Appeal · Jul 5, 2017

As set forth above, the deeds were clearly contracts of sale for a specific royalty interest in the 1947 lease. “The royalty depends upon the continued existence of the right to which it is an appendage.” Vincent v. … the express remission of his right; (4) expiration of the time for which the royalty right was granted or happening of the dissolving condition attached to the mineral royalty; or . . (5)extinction of the right of him who established

Williams Gray v. Stewart

147 So. 103 · Louisiana Court of Appeal · Mar 31, 1933

His widow qualified as administratrix of his succession and was made party to the suit. The lower court rejected plaintiff’s demand as to all the seven defendants, named herein, except G. W. … No detailed accounts were filed in evidence and the right of More-land to assert ownership thereto does not clearly appear.

State v. Hilton

764 So. 2d 1027 · Louisiana Court of Appeal · Mar 31, 2000

Clifford Crafton was qualified as an expert in child sexual abuse and child psychiatry. … Cheri Staten, the director of the Jefferson Parish Children's Advocacy Center, was qualified as an expert in forensic interviewing in the area of child sexual abuse.

State v. Ross

2012 La.App. 4 Cir. 0109 · Louisiana Court of Appeal · Apr 17, 2013

These cartridges and six bullets were examined by Deputy Tommy Morse, who was qualified as an expert in the field of ballistics comparison and firearm examinations. … This case thus is clearly distinguishable from Wells . No testimony was elicited as to the meaning of the teardrop tattoos on Mr. Ross’s face. Cf. State v.

Jardell v. Sabine Irrigation Co., Inc.

346 So. 2d 1365 · Louisiana Court of Appeal · May 13, 1977

Cox, an agricultural and civil engineer, who was qualified as an expert in the field of soil and water engineering. … Furthermore, the record establishes that Jardell was an above average farmer in terms of production.

State v. Kitterlin Creek

2002 La.App. 3 Cir. 1063 · Louisiana Court of Appeal · Feb 5, 2003

The length of that maintenance prior to 1993 is not firmly established in the record. … The 1955 document is clearly connected to the dam and flooding project.

Madison v. ERNEST N. MORIAL CONVENT. CENTER

834 So. 2d 578 · Louisiana Court of Appeal · Dec 4, 2002

Michael Magoon was qualified as an expert for the plaintiff in emergency medicine protocol and pre-hospital standard of care. … It also follows that in our appellate review of the facts found by the jury and the facts found by the trial judge the applicable rule will be the well established test of whether the trier of fact was clearly wrong.

State v. Allen

431 So. 2d 808 · Louisiana Court of Appeal · Apr 22, 1983

La.C.Cr.P. article 162 states, in relevant part: A search warrant may issue only upon probable cause established to the satisfaction of the judge, by the affidavit of a credible person, reciting facts establishing the cause … However, no evidence was presented to qualify this witness as an expert in the packaging, sale and distribution of controlled dangerous substances.

Wallace v. Pan American Fire & Cas. Co.

352 So. 2d 1048 · Louisiana Court of Appeal · Jan 30, 1978

They awarded the contract to replace the lines at the Evans School to qualified and certified people of which the school board had no knowledge that they would act improperly. … QUANTUM Hunt contends that the quantum award to the plaintiff, John Wallace, was clearly excessive and should be reduced. Plaintiff contends that the award should be increased.

State v. Washington

852 So. 2d 1206 · Louisiana Court of Appeal · Aug 20, 2003

Expert testimony established him to be the individual in the prior convictions based on his fingerprints on the bills of information. … After introduction of similar evidence of the other felonies of which Washington had been convicted, Sergeant Owen McDonnell (“McDonnell”) was qualified as a fingerprint expert.

In the Matter of Waste Management of Louisiana, LLC

962 So. 2d 512 · Louisiana Court of Appeal · Aug 22, 2007

It also noted that before LDEQ approved the gas control and collection system project for the Woodside Landfill, the LDEQ received a "no objection" letter from the EPA establishing the EPA's support for the project. … The landfill expansion and flare installation at issue qualifies as a major modification to a major stationary source and, thus, must undergo preconstruction review, namely PSD. 40 C.F.R. §70.1 et seq.; La. Admin.

State v. Coleman

949 So. 2d 570 · Louisiana Court of Appeal · Jan 24, 2007

A reviewing court owes the district judge's evaluations of discriminatory intent great deference and should not reverse them unless they are clearly erroneous. … Steward qualified her affirmative response by indicating that it was her belief that it could happen, Ms. Hutson unequivocally stated that "It can." Ms. Sittner was even more reluctant than Ms.

Gilbert v. Foster

2002 La.App. 5 Cir. 653 · Louisiana Court of Appeal · Nov 26, 2002

In Consolidated Lewis’ suit, the trial court remanded the case back to the Division of Administration for Administrative Proceedings, where the hearing officer determined that Gilbert was not a qualified bidder insofar as … Furthermore, the judgment of the case between Coxe and Woolworth clearly states that Woolworth, not Coxe, had the right to sublease the premises.

Chicago Mill & Lumber Co. v. Lewis

76 So. 2d 625 · Louisiana Court of Appeal · Dec 1, 1954

Singer and Barnett Wallace, defendant sought to establish there was no merchantable timber on the Lewis tract in 1940. … All of these witnesses were well qualified and experienced foresters. The district court averaged the two findings to get 2.9 inches, which we think is proper.

Heard, McElroy & Vestal, L.L.C. v. John C. Schmidt and John C. Schmidt Cpa, LLC

Louisiana Court of Appeal · Sep 21, 2022

But, when confronted with evidence establishing his knowledge—including the email invite—Schmidt acknowledged that he knew of Flowers’ plans. … Based on the evidence presented, the trial court found that HMV’s friends and family policy was not clearly defined.