Case law

State v. York

121 So. 3d 1226 · Louisiana Court of Appeal · Aug 7, 2013

The overall I.Q. score was well below 70 and established by the evidence. This assignment is without merit. … Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even where there has not been full compliance with La.C.Cr. P. art. 894.1. State v.

In re Heyd

261 So. 3d 74 · Louisiana Court of Appeal · Dec 6, 2018

Proof of this defense must be by a preponderance of the evidence, but the unsupported testimony of the disinherited heir shall not be sufficient to establish this defense. … The Court believes that suing one's own father can clearly be construed as mental cruelty pursuant to La. C.C. art. 1621(2). Mr.

Kirby v. Kirby

579 So. 2d 508 · Louisiana Court of Appeal · Apr 30, 1991

If the evidence establishes a change in circumstances regarding Mrs. … We agree that the evidence establishes that Mrs. Kirby is able to work and contribute to her own support. Mrs. Kirby has had seven years to obtain some education and training to qualify her for employment.

Markey v. Hibernia Homestead Ass'n

13 So. 2d 791 · Louisiana Court of Appeal · May 24, 1943

comply with the requirements of the United States Government, and ultimately qualify and obtain federal insurance for the homestead. … Thus it clearly appears that, instead of defendants conspiring to enrich themselves at plaintiff's expense they, in common with other stockholders, sold most of their stock for the benefit of the homestead in order that it

Sanders v. Ashland Oil, Inc.

656 So. 2d 643 · Louisiana Court of Appeal · Jun 21, 1995

The Agricultural Excess policy defines "insured" as "any person or organization qualifying as such under SECTION II— WHO IS AN INSURED." Section II states, in pertinent part, as follows: 1. … The allegations of petitioners' petition clearly reveal that Sanders and Bickford were employed by Protech and were in the course and scope of their employment at the time of the incident.

Moore v. Cabaniss

699 So. 2d 1143 · Louisiana Court of Appeal · Sep 24, 1997

These films (referred to herein as the "second x-rays"), he contended, clearly showed interproximal (between the teeth) decay exactly where he placed the fillings. … Moore were false, thus establishing an absolute defense to defamation. The judgment recites that in the event the JNOV is reversed on appeal, a new trial would be granted in accord with La. C.C.P. art. 1811. Dr.

Unisys Corp. v. La. Office of Motor Vehicles

270 So. 3d 637 · Louisiana Court of Appeal · Dec 28, 2018

The record establishes that Hoyt, Green, and Aranyosi routinely signed for and approved deliverables on behalf of the Department. … law judge when judicial interest was not prayed for by the qualified health provider).

F & S OFFSHORE v. Serv. MacH. & Shipbuilding

430 So. 2d 1167 · Louisiana Court of Appeal · Apr 5, 1983

that the finding is not clearly wrong (manifestly erroneous)." … The Court finds that the evidence clearly establishes that the shipyard, Service Machine, did send the lube oil piping out to be cleaned by an independent contractor, and in fact, the invoice from that independent contractor

Juan Carlos Allen v. Affordable Home Furnishings

Louisiana Court of Appeal · Oct 1, 2014

provided by a licensed professional vocational rehabilitation counselor, and all such services provided shall be compliant with the Code of Professional Ethics for Licensed Rehabilitation Counselors as established … The 2003 amendment also added paragraphs 3(b) and 3(c) to grant the counselor limited immunity from tort and to allow the employer to compel the employee’s cooperation in the rehabilitation process.

State v. Aleman

809 So. 2d 1056 · Louisiana Court of Appeal · Jan 15, 2002

Very clearly we authorized sufficient funds and allowed time for that to happen. … The acts at issue were clearly part of the same course of conduct.

McDaniel v. Carencro Lions Club

934 So. 2d 945 · Louisiana Court of Appeal · Jul 12, 2006

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. … This is clearly not the function of a JNOV. Id. at n. 14.

Reed v. Mitchell

275 So. 3d 961 · Louisiana Court of Appeal · Jun 28, 2019

Clearly, the Property Disclosure Form, which by Mrs. … He testified that in 2009, he looked into a water intrusion at the Mitchells' home, but the event did not qualify as a flood, and the adjuster did not classify it as a flood.

Richard Price Contracting Company, LLC v. The City of Baton Rouge and the Parish of East Baton Rouge

Louisiana Court of Appeal · Oct 20, 2025

Further, City/Parish averred immunity from a judgment for damages and entitlement to all statutory immunities from liability and limitations of liability. 3 The parties expressly agreed to convert the entire proceeding … Clearly, what is required for a corporation to enter into a contract differs from what is required from a limited liability company. RPC filled out the " Corporate Resolution" form provided by City/Parish.

State v. Trung Le

243 So. 3d 637 · Louisiana Court of Appeal · Apr 11, 2018

Gernon was never qualified as an expert. The defendant argues Lt. Gernon was improperly allowed to offer an opinion as to the guilt or innocence of the defendant. … However, both parties stipulated and the trial court qualified her as an expert in firearms, identification and examination.

State, Dept. of Highways v. Port Properties, Inc.

316 So. 2d 749 · Louisiana Court of Appeal · Jun 30, 1975

As might be expected, many sales in West Baton Rouge and surrounding parishes have been cited as comparable by these highly qualified and experienced appraisers as guidance for the court in determining the amount to be awarded … We concur, and believe that the evidence clearly preponderates that this project greatly increased the value of defendant's property.

Reed v. Mitchell

275 So. 3d 961 · Louisiana Court of Appeal · Jun 28, 2019

Clearly, the Property Disclosure Form, which by Mrs. … He testified that in 2009, he looked into a water intrusion at the Mitchells' home, but the event did not qualify as a flood, and the adjuster did not classify it as a flood.

Succession of Bettye Lou Thomas Moore

Louisiana Court of Appeal · Mar 30, 2022

These witnesses were not qualified as expert witnesses 17 but, rather, were called to testify regarding their general familiarity with Moore’s signature. … them cannot be manifestly erroneous or clearly wrong.

Wisner v. Illinois Cent. Gulf RR

537 So. 2d 740 · Louisiana Court of Appeal · Dec 20, 1988

Unless the contrary is clearly shown, rulings with regard to allegedly prejudicially improper argument and conduct of counsel are presumed to have been within the trial court's discretion. Luquette v. … To counteract his impotence he must inject his penis with large doses of papaverine, and that eventually he will develop an immunity to the drug. Dr.

DENHAM SPRINGS ECONOMIC DEV. v. Taxpayers

927 So. 2d 328 · Louisiana Court of Appeal · Aug 25, 2005

The trial court erred in validating two voter propositions that are clearly unconstitutional on their face. 5. … Clearly, an attorney who on behalf of his clients requests notice is an interested party entitled to actual notice.

Baddock v. Louisiana State Department of Highways

142 So. 2d 448 · Louisiana Court of Appeal · May 21, 1962

IV or VII, or qualify ART’S I or II. That instead, the title of Act No. 548 of 1948 showed its limitation solely and only to ART. … Ct., 228 La. 951 , 84 So.2d 597 , the Court clearly set forth the fundamental principles governing the right to a declaratory judgment.