Case law

Young v. Dept. of Health and Human Resources

405 So. 2d 1209 · Louisiana Court of Appeal · Oct 12, 1981

Although this is a review of a Civil Service Commission hearing rather than of a trial, we see no reason to deviate from the well established rule that unless the trier of fact was clearly wrong, we will not disturb his findings … For this purpose they were adequately qualified. Appellant raises two issues concerning the language of the charges.

Frank v. Louisiana State Board of Private Investigator Examiners

2016 La.App. 1 Cir. 0994 · Louisiana Court of Appeal · Feb 17, 2017

statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Arbitrary or capricious or characterized by abuse of discretion or clearly … First, his testimony established simply that because he was only required to keep the file for three years, albeit erroneous, he assumed that it had been destroyed.

State Ex Rel. JB v. JB, JR.

811 So. 2d 179 · Louisiana Court of Appeal · Feb 27, 2002

Such language is clearly permissive rather than mandatory. La. … Because both the case plans dated 1/11/01 and 7/19/01 clearly provide Mrs.

State v. Stewart

866 So. 2d 1016 · Louisiana Court of Appeal · Jan 27, 2004

The first step in the Batson analysis is whether the State established a prima facie case of discrimination. … A reviewing court owes the district judge's evaluations of discriminatory intent great deference and should not reverse them unless they are clearly erroneous. State v.

State v. Corley

617 So. 2d 1292 · Louisiana Court of Appeal · May 5, 1993

However, no provision in *1299 the law existed to remove an otherwise qualified grand juror. … Implicit in the grant of exemptions to certain groups or occupational classes is the premise that these persons are considered qualified. Usner, supra at 722 .

Guillot v. Blue Cross of Louisiana

96 La.App. 3 Cir. 0594 · Louisiana Court of Appeal · Jan 29, 1997

Clearly, the statute was enacted subsequent to the effective date of the Louisiana Blue Cross policy. … She had a pre-existing condition that he felt if they applied for regular benefits on the open market that they wouldn’t be able to qualify for them. Q.

State v. Roe

2013 La.App. 4 Cir. 1434 · Louisiana Court of Appeal · Oct 8, 2014

NOPD Officer George Jackson was qualified by joint stipulation as an expert in latent fingerprint examination. … The evidence clearly established that Roe was in possession of that gun in March 2011 when he was approached by former Officer *857 Kevin Wheeler, and that evidence was the basis of both of those two gun charges against Roe

Succession of Carolyn Gauthier Bargeman

Louisiana Court of Appeal · Sep 20, 2023

Based on all this, we conclude that the trial court clearly erred in determining that the Succession did not rebut the presumption of co-ownership under La.Civ.Code art. 797. … More particularly, La.R.S. 6:1255(A) immunizes financial institutions from liability for distributing account funds to a joint account holder; the statute is not dispositive of ownership, nor does it affect the application

State Ex Rel. AM v. Taylor

807 So. 2d 1156 · Louisiana Court of Appeal · Feb 15, 2002

However, as in any other case, on appellate review of a trial court's factual findings, those findings of fact are subject to the manifest error/clearly wrong standard of review. See State, Dep't of Soc. Services v. … Establishment of Paternity and Initial Child Support Taylor is a registered nurse.

Housing Authority v. Gibson

598 So. 2d 545 · Louisiana Court of Appeal · Apr 10, 1992

She was also required to determine "utility allowances," which are paid to each qualified recipient of housing based upon percentages of power used by each residence. … Clearly there was no supervision by Bogan of Gibson's timekeeping and record keeping procedures. Gibson testified that she had no help in record keeping, and didn't understand how Civil Service worked.

Joey M. Gray and Carolyn Gray v. State Farm Insurance Company, Patrick W. Johnson, Murray R. Harper, and State of Louisiana Department of Transportation and Development

Louisiana Court of Appeal · Jan 13, 2021

In the instant case, the plaintiffs argue that they clearly established all four requirements in this case. … DOTD enjoys no immunity from liability for its operational decision not to remove the mailbox. Id., at 762 (Internal citations omitted).

Breithaupt v. Houston General Ins. Co.

398 So. 2d 608 · Louisiana Court of Appeal · Mar 12, 1981

While we have some doubt that the pleading filed on May 8, 1979, actually was a motion for a new trial, clearly its function was to challenge the jurisdiction of the trial court to amend the judgment of May 3, 1979. … The sole purpose of his testimony was to establish that business establishments in LaSalle used deer hunting in LaSalle Parish as a means of good public relations.

Francis N. Kately v. Global Data Systems, Inc.

Louisiana Court of Appeal · Apr 5, 2006

However, “where an employer has a clearly established policy that vacation time is not considered wages for the purposes of La.R.S. 23:631(D)(2), an employee is not entitled to reimbursement for unused, accrued vacation … In any event, none of these statements establishes that vacation time at GDS is a “mere gratuity.”

Husband v. Darby

99 La.App. 3 Cir. 270 · Louisiana Court of Appeal · Nov 2, 2000

According to the declarations page, ■a covered “auto” under the liability provision is described as “any ‘auto.’ ” This language is clear and explicit and establishes that Plaintiffs auto is covered under the liability provision … The supreme court noted that in Husband this Court concluded that since Husband’s vehicle was a “covered auto” under the liability portion of Tetra’s insurance policy, Husband qualified as an insured under Section B5.

Joseph S. Provost, Jr. and Joanna D. Provost v. USA Truck, Inc.

Louisiana Court of Appeal · May 4, 2005

In determining percentage of fault, the supreme court has established guidelines for the trier of fact. In Watson v. … The supreme court reversed and found the jury finding was clearly wrong. Of significance to the court was the fact that the action of Mr.

Neil S. Kavanagh v. Roy Eugene Hebron

Louisiana Court of Appeal · Jan 24, 2019

STANDARDS OF REVIEW An appellate court may not set aside a trial court’s findings of fact in the absence of manifest error or unless it is clearly wrong. Stobart v. … date of La.Const. art. 1, § 10.1, on December 12, 2018, and slightly over one year from the date in January 2019 that Hebron would be required to assume and hold the office of mayor, well under the five-year limitation established

Rathe v. Rathe

256 So. 3d 1001 · Louisiana Court of Appeal · Aug 21, 2018

Notably, Robert signed the 2014 Purchase Agreement as a "purchaser" without limiting or qualifying the capacity in which he signed, such as by indicating that he was signing in his capacity as an officer or managing member … However, documents establishing the amount of attorney's fees incurred by the prospective purchasers were apparently attached to the deposition of one of the prospective purchasers, and that deposition was not offered into

FIRST NAT. BK. OF JEFFERSON PAR. v. Carmouche

504 So. 2d 1153 · Louisiana Court of Appeal · Mar 16, 1987

The promise to honor the letter of credit clearly is not made contingent on the satisfactory fulfillment of the May 3, 1982 agreement. … NOTES [1] The Letter of Credit reads: Gentlemen: We hereby establish our Irrevocable Letter of Credit in your favor for the account of Terrel J.

Greene v. Taylor

809 So. 2d 1187 · Louisiana Court of Appeal · Feb 27, 2002

Taylor filed a petition to modify the custody plan with respect to Mitchell and establish custody of Jonah. In large part, Mr. … A court of appeal may not set aside a trial court's finding of fact in the absence of manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989).

McKnight v. General Motors Corp.

750 So. 2d 454 · Louisiana Court of Appeal · Jan 26, 2000

The confrontation qualifies as sudden, unexpected and extraordinary stress, an element of 1021(7)(b). Disability By its third assignment of error GM urges the District Court was plainly wrong in finding that Ms. … Dopson’s finding are uncontradicted, and clearly and convincingly show that Ms. McKnight is disabled from performing any work. 3 We certainly will not overlook them in favor of Dr. Green’s limited, orthopedic prognosis.