Case law

Mears v. Stanley

23 So. 3d 318 · Louisiana Court of Appeal · May 6, 2009

That fact was established by Fruge himself. Nothing in the policy limited its coverage to business use of the vehicle. … Although Stanley clearly started out his work activity in the company vehicle, he was allegedly forced to use a truck owned by his father (the second vehicle) due to a gas shortage following Hurricane Rita.

Succession of Robert Edwards, Sr.

Louisiana Court of Appeal · Jun 3, 2009

The standard of review applicable to this assignment of error has been firmly established. … ,” is clearly mis- stated.

Simoneaux v. Amoco Production Co.

860 So. 2d 560 · Louisiana Court of Appeal · Dec 4, 2003

The jurisprudence has established the standard for issuance of a JNOV, and for review of a granted JNOV. … Because a reasonable jury could clearly have found that only one site required remediation and the cost of that cleanup was $375,000.00, the judge was not empowered to substitute his own evaluation of the evidence to overturn

State v. Odom

878 So. 2d 582 · Louisiana Court of Appeal · Apr 2, 2004

At this point defense counsel objected to the testimony on the ground that the witness was not qualified to testify as an expert. … NOTES [1] The state filed a bill to establish habitual offender status and defendant pled not guilty.

Southland Entm't, Inc. v. La. Dep't of Revenue, Office of Alcohol & Tobacco Control

248 So. 3d 326 · Louisiana Court of Appeal · Jul 19, 2017

STANDARD OF REVIEW To reverse a district court's finding of fact, an appellate court must find from the record that a reasonable factual basis does not exist for the finding and that the finding is clearly wrong or manifestly … the court dismissed the defendant's objection, explaining: A law enforcement officer is permitted to express an opinion regarding matters of personal knowledge gained through experience, even if the witness is not first qualified

State v. Ladd

2015 La.App. 4 Cir. 0772 · Louisiana Court of Appeal · Apr 13, 2016

Johnson, 97-1906 (La.3/4/98), 709 So.2d 672 , the Louisiana Supreme Court established the standard of review to be used in determining whether the trial court properly imposed under the Dorthey case a sentence less than the … This result is clearly within the intent and spirit of Dorthey and subsequent jurisprudence. Furthermore, we find that La.

Citgo Petroleum Corp. v. Yeargin, Inc.

678 So. 2d 936 · Louisiana Court of Appeal · Jul 3, 1996

However, La.Code Civ.P. art. 1731 establishes a statutory right to trial by jury in civil cases, subject to the exceptions outlined in La.Code Civ.P. art. 1732. … Certainly, the deprivation, with no basis in law, of this fundamental right qualifies as manifestly unjust.

Williams v. Williams

970 So. 2d 633 · Louisiana Court of Appeal · Sep 14, 2007

The valuation of the former community home in June 2005 clearly was not sufficient to establish the value for a partition of this same property in August 2006, especially considering the events that occurred between those … Williams filed a motion to appoint a real estate appraiser, requesting that the court appoint a qualified expert to appraise the home, with the cost to be split between the parties.

Cannisnia Plantation, LLC v. Cecil Blount Farms, LLC and Blount Company, LLC

Louisiana Court of Appeal · Mar 4, 2020

Webb qualified to testify as an expert in petroleum geology, prospect generation, oil and gas evaluation, development and management of oil and gas properties, and general oil field practices. Mr. … They argue that the opinion does not clearly assign the burden of proof to either party.

Nohc, Inc. v. Erroll G. Williams, Assessor, Parish of Orleans; Norman White, Director of Finance for the City of New Orleans; Department of Finance, Bureau of the Treasury, City of New Orleans; City of New Orleans and the Louisiana Tax Commission

Louisiana Court of Appeal · Dec 6, 2022

Bureau of the Treasury of City of New Orleans, “[i]t is well-established that exemptions from taxation are construed against the taxpayer claiming the benefit thereof and must be clearly, unequivocally, and affirmatively … In order to qualify for an exemption under La. Const. art.

State v. Quatrevingt

617 So. 2d 484 · Louisiana Court of Appeal · Dec 15, 1992

The four-part analysis applicable to DNA evidence should include the following questions: (1) Whether the testing facility is properly qualified to conduct the DNA analysis; (2) Whether the facts relied upon by the testing … Clearly, the jury could have entertained a reasonable doubt with so much circumstantial and contradictory evidence before it.

Vidrine v. Sentry Indem. Co.

341 So. 2d 558 · Louisiana Court of Appeal · Mar 25, 1977

There is insufficient proof to establish that plaintiff in fact had such an operation. … Jackson, a qualified neurosurgeon, testified he "suggested" a bulging disc in the *563 lumbar region.

Times Picayune Publishing Corp. v. City of New Orleans

99 La.App. 4 Cir. 1685 · Louisiana Court of Appeal · Feb 23, 2000

In its brief The Times-Pieayune contends that LSA-R.S. 43:145 “clearly requires the City of New Orleans, a ‘municipal corporation’ [to] ‘select ... ’ a newspaper as its Official Journal.”. … If no qualified newspaper is published within the municipal boundaries, a newspaper published in the parish of the municipal corporation which meets the requirements of a newspaper as defined in R.S. 43:140(3) shall be selected

Collins v. Collins

485 So. 2d 956 · Louisiana Court of Appeal · Mar 10, 1986

An appeal is subject to dismissal where appellant's attorney clearly and unequivocally agreed in open court to the entire judgment rendered against him. See Armstrong v. … An evidentiary hearing shall be required, but the testimony of either spouse establishing prima facie proof of the ground shall be sufficient to support a judgment of separation from bed and board. C.

Henry v. Sullivan

2016 La.App. 1 Cir. 0564 · Louisiana Court of Appeal · Jul 12, 2017

In Henry I, we specifically held that Judge Devereux did | nnot qualify as a “successor” judge pursuant to La. … Sullivan maintains'that Judge Dev-ereux clearly erred and abused her discretion in denying her motion for new trial. Ms.

Reine v. Grillot

505 So. 2d 1179 · Louisiana Court of Appeal · Apr 13, 1987

Grillot's counsel objected at trial to the use of hearsay evidence to establish the unavailability of the witnesses. … Since Tumay was not qualified as an expert in the area of aerial photography, Grillot's counsel objected to the admissibility of opinion testimony regarding an interpretation of the photographs.

Beckstrom v. Parnell

730 So. 2d 942 · Louisiana Court of Appeal · Nov 6, 1998

With regard to the Putnam trade, we cannot say that the trial court was clearly wrong in determining that February 24, 1989, was the date that Mr. … Consequently, the claim qualifies as a personal action subject to the 10 year prescriptive period.

State v. Shelton

11 La.App. 3 Cir. 22 · Louisiana Court of Appeal · Sep 28, 2011

Credibility determinations are within the sound discretion of the trier of fact and will not be disturbed unless clearly contrary to the evidence. State v. … He was qualified as an expert at trial in the field of forensic pathology. Dr.

Benoit v. PET, INC.

93 La.App. 3 Cir. 1019 · Louisiana Court of Appeal · Apr 6, 1994

The causation element between the second accident and her limitations was clearly proved. … La.R.S. 23:1121 provides that an employee shall submit to examination by a duly qualified medical practitioner provided and paid for by the employer.

Slayden Carpenter and Sydnee Hawkins v. Deborah Thomas, Progressive Paloverde Insurance Company and State Farm Mutual Automobile Insurance Company

Louisiana Court of Appeal · Mar 13, 2023

Appellants opposed the motion to strike on March 14, 2022, arguing that Tekell is clearly qualified as an expert of traffic engineering and that the Louisiana Administrative Code and Revised Statutes require the use of … Through their opposition to the motion, Appellants contend that Tekell is clearly qualified as an expert due to his education and experience.