Case law

State v. Martin

624 So. 2d 448 · Louisiana Court of Appeal · Sep 16, 1993

State v. Brown, 368 So.2d 961 (La. 1978) (on rehearing). The failure of a defendant to make a timely objection is sufficient to negate the presence of compulsion necessary to establish a constitutional violation. … State v. Brown, 585 So.2d 1211, 1213 (La. 1991), quoting Estelle, 425 U.S. at 503-505 , 96 S.Ct. at 1692-94 . The defendant did not object to the prison clothes until after the jury was impanelled and trial had started.

Loop, Inc. v. Collector of Revenue, State of Louisiana

464 So. 2d 785 · Louisiana Court of Appeal · Feb 11, 1985

We finally note that in Schlesinger v. … The law is settled that review of decisions of the Board of Tax Appeals by a district court lies within the exclusive original jurisdiction of those courts, Collector v.

Consolidated Companies, Inc. v. State Department of Revenue & Taxation

572 So. 2d 169 · Louisiana Court of Appeal · Nov 14, 1990

The Board is authorized to act on a taxpayer’s appeal for a redetermination of an assessment. This includes the assessment of either a tax or penalty. Saia Electric, Inc. v. … Thus the Board is authorized to redetermine the assessment in the case before us. The Board acts as a trial court and its factual findings should not be set aside unless manifestly erroneous. Collector of Revenue v.

Wimberly v. White

54 So. 2d 869 · Louisiana Court of Appeal · Nov 15, 1951

Code of Practice, Article 573 specifically provides that appeals may be taken by petition or by *872 motion in open court, at the same term at which the judgment was rendered, and our Supreme Court has held in Anderson v. … Orleans Athletic Club v.

State Civil Service Commission v. Audubon Park Commission

99 So. 2d 920 · Louisiana Court of Appeal · Jan 6, 1958

Porterie v. Walmsley, 183 La. 139 , 162 So. 826 , in which, by a divided court, it was held that similar facts did not constitute the Sewerage and Water Board, which was there involved, a city agency. … This is indicated by the decision of the Supreme Court in Placid Oil Co. v.

Intracoastal Pipe Serv. v. Assump. Parish Sales and Use Tax Dept.

558 So. 2d 1296 · Louisiana Court of Appeal · Feb 21, 1990

558 So.2d 1296 (1990) INTRACOASTAL PIPE SERVICE, CO., INC. [1] v. ASSUMPTION PARISH SALES AND USE TAX DEPARTMENT, Assumption Parish School Board, Assumption Parish Police Jury. No. CA 88 0844. … Likewise, in McNamara v.

Alexander v. City of Alexandria

14 La.App. 3 Cir. 452 · Louisiana Court of Appeal · Nov 5, 2014

Bannister [v. Dep’t of Sts., 95-0404, p. 8 (La.1/16/96), 666 So.2d 641, 647 ]; Walters [v . Dep’t of Police of the City of New Orleans, 454 So.2d 106, 113 (La.1984) ]. … The trial court then affirmed the Board’s decision. Finally, we note that Alexander provided two cases in support of his position. In his' first cited case, Ouachita Parish Police Jury v.

Granda v. State Farm Mut. Ins. Co.

935 So. 2d 703 · Louisiana Court of Appeal · Feb 10, 2006

Myers v. State Farm Mutual Automobile Insurance Company, 493 So.2d 1170, 1171-72 (La. 1986); [8] Brown v. Louisiana Indemnity Company, 97-1344 (La.3/4/98), 707 So.2d 1240, 1242 , citing LSA-R.S. 48:21; [9] Wilkinson v. … Brown, 707 So.2d at 1242 ; Oster v. Department of Transportation and Development, 582 So.2d 1285, 1289-91 (La.1991).

Narcisse v. Continental Ins. Co.

419 So. 2d 13 · Louisiana Court of Appeal · Jul 28, 1982

As was noted in Lewis v. St. Bernard Parish School Board, 350 So.2d 1256 (La. … McDonald v. Terrebonne Parish School Board, 253 So.2d 558, 562 (La.App. 1st Cir., 1971), writ ref., 260 La. 128 , 255 So.2d 353 . Accord, Partin v.

Hayes v. Sheraton Operating Corp.

2014 La.App. 4 Cir. 0675 · Louisiana Court of Appeal · Dec 10, 2014

See also Bass P’ship v. … OPSB Failed to Meet its Burden of Proof To maintain an action against a school board, a plaintiff must prove that *1198 the school board owed the student a duty.

Harris v. Womack

83 So. 2d 541 · Louisiana Court of Appeal · Nov 2, 1955

This exact point was ably disposed in the case of Brown v. Brown, La.App., 196 So. 661, 662 , in the opinion of Mr. … See Fowler v. Smith, 1 Rob. 448 ; Hubbell v. Clannon, 13 La. 494 ; Goldman v. Thomson, 3 La.App. 469 ; Donaldson v. Sheridan, 11 La.App. 498 , 124 So. 193 ; Martin v.

Ware v. Allen Parish School Bd.

2 La.App. 3 Cir. 1011 · Louisiana Court of Appeal · Sep 24, 2003

854 So.2d 374 (2003) Vicky WARE v. ALLEN PARISH SCHOOL BOARD. No. 02-1011. Court of Appeal of Louisiana, Third Circuit. May 21, 2003. … In Mitchell v.

Billingsley v. City of Baton Rouge

673 So. 2d 300 · Louisiana Court of Appeal · Apr 30, 1996

Church Point Wholesale Beverage Co., Inc. v. Tarver, 614 So.2d 697, 701 (La.1993). … Orleans Parish School Board v. City of New Orleans, 238 La. 748 , 116 So.2d 509 , 511 n. 1 (1959); Gulotta v. Cutshaw, 258 So.2d at 559 .

Morgan v. City of New Orleans

647 So. 2d 1308 · Louisiana Court of Appeal · Dec 15, 1994

647 So.2d 1308 (1994) Glenda MORGAN v. The CITY OF NEW ORLEANS and the New Orleans Parish School Board. No. 94-CA-0874. Court of Appeal of Louisiana, Fourth Circuit. December 15, 1994. *1309 William D. … In the absence of strict liability, the School Board may only be held liable under a negligence theory, i.e., where it caused the accident by creating the hazardous condition. Youngblood v.

McGee v. SEWERAGE AND WATER BD., ETC.

396 So. 2d 430 · Louisiana Court of Appeal · Mar 10, 1981

McGEE v. SEWERAGE AND WATER BOARD OF NEW ORLEANS. No. 11507. Court of Appeal of Louisiana, Fourth Circuit. March 10, 1981. Andry & Andry, Jerald N. Andry, Gilbert V. Andry, III, Leonce J. … Michel v. Department of Public Safety, Alcoholic Beverage Control Board, 341 So.2d 1161 (La.App. 1st Cir. 1976); writ refused 343 So.2d 1078 (La. 1977).

Arseneaux v. Gray Ins. Co.

943 So. 2d 521 · Louisiana Court of Appeal · Sep 26, 2006

943 So.2d 521 (2006) Robert ARSENEAUX, Sr. v. The GRAY INSURANCE COMPANY, Alphonse Brown and Vaughan Equipment & Trucks, Inc. and/or Vaughan Contractors, Inc. No. 06-CA-266. Court of Appeal of Louisiana, Fifth Circuit. … On March 21, 2003, Plaintiff was driving west on U.S. 90 B when his car was struck by a pick-up truck driven by Alphonse Brown. Brown was in the course of his employment with Vaughan.

Three Rivers Commons Condominium Ass'n v. Grodner

2016 La.App. 1 Cir. 0067 · Louisiana Court of Appeal · May 10, 2017

See Murrill v. Edwards, 613 So.2d 185, 189 (La. App. 1 Cir. 1992), writ denied, 614 So.2d 65 (La. 1993); see also Perkins v. Carter, 09-673 (La.App. 5 Cir. 12/29/09) , 30 So.3d 862, 865 ; FIA Card Services, N.A. v. … Therefore, the Board is a proper party to seek such relief.

Gaudet v. Bd. of C. for Pontchartrain Levee

339 So. 2d 931 · Louisiana Court of Appeal · Nov 16, 1976

GAUDET, Jr., et al. v. The BOARD OF COMMISSIONERS FOR the PONTCHARTRAIN LEVEE DISTRICT et al. No. 7662. Court of Appeal of Louisiana, Fourth Circuit. November 16, 1976. Rehearing Denied December 14, 1976. … C.C. arts. 667, 669; Robichaux v. Huppenbauer, 258 La. 139 , 245 So.2d 385 (1971).

Lawhead v. LA. STATE BD. OF PRACTICAL NURSE EXAMINERS

995 So. 2d 664 · Louisiana Court of Appeal · Oct 28, 2008

995 So.2d 664 (2008) Kimberly LAWHEAD v. LOUISIANA STATE BOARD OF PRACTICAL NURSE EXAMINERS. No. 2007-CA-1593. Court of Appeal of Louisiana, Fourth Circuit. October 28, 2008. … The trial court found that the record demonstrates the Board's decision is supported by a preponderance of the evidence as required by La. R.S. 49:964 G(6). Citing Armstrong v.

Gilliam v. Brooks Heating & Air Conditioning

146 So. 3d 734 · Louisiana Court of Appeal · Jul 16, 2014

Banks v. Industrial Roofing & Sheet Metal Works, Inc., 96-2840 (La.7/1/97), 696 So.2d 551 ; Silverman v. … BROWN, Chief Judge, dissents with written reasons. . Medical Director is defined under La.