Case law

Lieber v. Watts

19 La. App. 650 · Louisiana Court of Appeal · Feb 16, 1932

The same line of reasoning that holds that a document regular on its face will operate as constructive notice to third parties, notwithstanding the fact that by extrinsic evidence it is shown that the notary was not qualified … Of course, when the latent defects were disclosed by evidence, the mortgagee had to establish his right to foreclose in a suit via ordinaria.

State of Louisiana v. Howard E. Blue

Louisiana Court of Appeal · Aug 21, 2025

At trial, the court qualified her as an expert in child sexual abuse and disclosures. Dr. Troy reported that the victim provided her a “clear and detailed history of having being touched by” Defendant. … Defendant has not demonstrated that the jury’s factual findings were clearly contrary to the evidence.

Cohort Ener. v. Caddo-Bossier Parishes Port

852 So. 2d 1174 · Louisiana Court of Appeal · Aug 20, 2003

The question in this case is whether the Port Commission qualifies as a "person" for purposes of the statute. … In this instance, the Port Commission is clearly a juridical person possessing the same attributes of personality of most corporations. The Port Commission consists of nine members who act as a single body.

State v. McKinney

961 So. 2d 589 · Louisiana Court of Appeal · Jun 27, 2007

Evidence established that $1,650 had been removed through use of an ATM card and that McKinney was the only person who had access to the account through the card. … Moreover, the record clearly indicates that the trial court thoroughly considered the mitigating circumstances and that it articulated a detailed factual basis for the sentence imposed.

Ariatti v. Plaisance

255 So. 3d 1239 · Louisiana Court of Appeal · Sep 13, 2018

Ariatti had carried her burden of establishing domestic abuse. Pursuant to La. … Ariatti has not established that the trial court abused his discretion by disallowing this testimony.

State v. Calloway

978 So. 2d 374 · Louisiana Court of Appeal · Nov 7, 2007

Jeff Walters, who qualified at the trial as an expert on appraising automobiles, testified on direct examination that a used 2004 Solara in excellent condition with 24,000 miles and features similar to those of Dr. … The testimony at trial established that Karen purchased two stolen vehicles from a man named Reggie in the back of her neighborhood allegedly for $2,200.00 in cash.

State Of Louisiana v. Christopher Deandre Thornton

Louisiana Court of Appeal · Jul 23, 2020

attempting to qualify Mr. Malone as an expert witness. Mr. … The trial testimony clearly shows that multiple gunshots were heard at the corner of Gus Young Avenue and North 44th Street in Baton Rouge, Louisiana, on December 8, 2014.

State v. Shupp

15 La.App. 3 Cir. 695 · Louisiana Court of Appeal · Feb 3, 2016

He was convicted of molestation of a juvenile, a crime established in Revised Statute 14:81.2. I d. at 278. (alteration in original). … The verdict in a criminal case must clearly convey the intent of the jury. La.C.Cr.P. art. 810.

State v. Gasser

275 So. 3d 976 · Louisiana Court of Appeal · Jul 3, 2019

Specifically, defendant argues that the evidence at trial conclusively established that Mr. … Apart from the "unlawful activity" and "has a right to be" qualifiers, Section C recognizes that a person may "meet force with force." We recognize, in light of La.

State In Interest Of G.H.

265 So. 3d 960 · Louisiana Court of Appeal · Jan 30, 2019

I believe former foster parents seeking to adopt a child could qualify as "interested persons" who can seek leave to intervene upon a showing of good cause. I also disagree with the majority's decision to deny C.V.' … We only review issues submitted to the trial court, unless the interest of justice clearly requires otherwise. Uniform Rules, Courts of Appeal, Rule 1-3.

State v. Robinson

11 La.App. 5 Cir. 12 · Louisiana Court of Appeal · Dec 29, 2011

Kelly Carrigan, latent fingerprint technician with the Jefferson Parish Sheriffs Office, was qualified by the trial court as an expert in latent fingerprint analysis. … However, Holland, supra, Bell, supra, and Jackson, supra, are clearly distinguishable from the present matter. In Holland, supra, the defendant was a passenger in a vehicle driven by James C. Moore.

DEVALL v. Starns

960 So. 2d 75 · Louisiana Court of Appeal · Mar 21, 2007

R.S. 33:1 et seq., enacted by the legislature in 1984 to establish procedures for the incorporation of municipalities. … Starns, together with a Certificate of the Registrar of Voters who certified that the total number of voters in the proposed area of incorporation was 18,257, and the petition contained 4,888 signatures of qualified voters

State In Interest Of G.H.

265 So. 3d 960 · Louisiana Court of Appeal · Jan 30, 2019

I believe former foster parents seeking to adopt a child could qualify as "interested persons" who can seek leave to intervene upon a showing of good cause. I also disagree with the majority's decision to deny C.V.' … We only review issues submitted to the trial court, unless the interest of justice clearly requires otherwise. Uniform Rules, Courts of Appeal, Rule 1-3.

Billy Broussard v. John S. Jester, M.D.

Louisiana Court of Appeal · Jun 16, 2004

Jester is not a healthcare provider qualified under the terms of the Louisiana Medical Malpractice Act. The Broussards then filed a petition in district court seeking damages from Dr. … Broussard that he could help her “with like immune therapy, diet, things like that,” and that he told her “the most important thing she needed was surgery, radiation, and maybe chemotherapy.”

Thibodeaux v. USAA Cas. Ins. Co.

647 So. 2d 351 · Louisiana Court of Appeal · Nov 10, 1994

For an appellate court to reverse a trial court's factual finding, it must find from the record that a reasonable factual basis does not exist for the finding of the trial court and that the record establishes that the finding … is clearly wrong.

Covington v. McNeese State University

11 La.App. 3 Cir. 1077 · Louisiana Court of Appeal · Sep 5, 2012

On a motion for summary judgment in 2007, the district court found Cov-ington was entitled to a judgment as a matter of law on the following issues: (1) McNeese was not immune from suit under U.S. Const, amend. … Clearly, the “customary fee” is also subsumed by the lodestar as the reasonable fee is the second named lodestar factor.

Cimarex Energy Co. v. Katherine D. Mauboules

Louisiana Court of Appeal · Mar 11, 2009

(3) An option or right of first refusal, or a contract to buy, sell, or lease an immovable or to establish a real right in or over an immovable. … The Mineral Code clearly contemplates a situation in which someone, other than the lessor, might seek payment of royalties from a lessee. La.R.S. 31:212.218.

In Re: The Judicial Commitment of M.M. (Brossette Contempt Proceeding)

Louisiana Court of Appeal · May 25, 2022

Ogundeji testified that MM was dangerous to herself and to others, and qualified for judicial commitment. Judge Waddell fixed a commitment hearing for August 28. … He concedes his conduct was “clumsy,” and he was “new to the judicial commitment laws and process,” but urges that his total conduct established reasonable doubt and justifiable excuse.

Michael McCallon v. Key Energy Services, LLC

Louisiana Court of Appeal · Apr 24, 2019

Megan Smith, Key Energy Services workforce coordinator in Williston, testified that Key Energy Services established its travel program as an incentive to attract qualified employees to work in Williston, that the employee … McCallon’s claims is contrary to well- established jurisprudence, and the single case it cites in support of its position is clearly inapposite to the facts herein.

Oreman v. Oreman

971 So. 2d 1149 · Louisiana Court of Appeal · Oct 30, 2007

Sagona, an attorney, was qualified by the court as an expert in Estate Planning with knowledge of disability retirement systems. … Oreman's retirement benefits are established by Louisiana community property law.