Case law

Noles-Frye Realty (Nai Latter & Blum) v. Holly Dixon

Louisiana Court of Appeal · May 9, 2018

However, the trial court clearly rejected that argument and addressed its findings based upon such a condition. … It does not qualify that return based upon a “reason” the loan could not be obtained.

State Of Louisiana v. William B. Turner

Louisiana Court of Appeal · Apr 19, 2024

A reviewing court owes the trial court' s evaluations of discriminatory intent great deference and should not reverse them unless they are clearly erroneous. … We agree with the trial court that the defendant did not establish a prima facie case of discrimination.

State Of Louisiana v. Morris Joseph Hollins

Louisiana Court of Appeal · Mar 19, 2024

Rather, appellate review is limited to determining whether the facts established by the direct evidence and inferred from the circumstances established by that evidence are sufficient for any rational trier of fact to conclude … However, the definition of second degree murder included the language " with specific intent to kill or to inflict great bodily harm" without any qualifying terminology as to " sudden passion or heat of blood."

State of Louisiana v. Eric Dewayne Lafleur A/K/A Eric Vezia A/K/A Derrick Lafleur A/K/A Derrick Vezia

Louisiana Court of Appeal · Mar 30, 2022

The Court observed, “Within the range of attempted coercive sexual acts, the offense in this case clearly falls among those involving a minimal use of force. … Thus the defendant’s threat to the victim’s mother would qualify as a threat of great and immediate bodily harm.

Newton McNealy v. Wilfred J. Englade, Sr.

Louisiana Court of Appeal · Feb 21, 2020

Thus, if the plaintiff has clearly demonstrated before the court during the prescribed period that he does not intend to abandon his lawsuit, dismissal is not warranted. Id., citing Hinds v. … McNealy failed to present evidence sufficient to establish that circumstances beyond his control excused his failure to prosecute.

June Cockerham v. Lasalle Nursing Home, Inc.

Louisiana Court of Appeal · May 3, 2006

Both parties reference the factors established in the jurisprudence for consideration in apportionment of fault. … We are mindful, however, that apportionment of fault is a finding of fact and is, therefore, reviewed pursuant to the manifest error-clearly wrong standard of review. Broussard v.

State of Louisiana Versus Randy Fink

Louisiana Court of Appeal · Jun 1, 2020

He described both women as slightly intoxicated but maintained that they were “coherent enough” and were able to speak with him clearly about the events that took place. … Bourgeois were clearly not credible.

Yesterdays of Lake Charles, Inc. v. Calcasieu Parish Sales and Use Tax Department

Louisiana Court of Appeal · May 13, 2015

Instead, La.R.S. 47:337.29(A)(1) clearly anticipates the retention of more specific inventory, sales, and service records. … The trial court found that La.R.S. 47:337.29(A)(1) contained no definition “as to what qualifies as suitable records under the statute.”

State in the Interest of C.D.W. v. T.R.W.

Louisiana Court of Appeal · Sep 26, 2018

Notwithstanding this argument, we note that “[t]he State need establish only one ground” under La.Ch.Code art. 1015. See State ex rel. H.A.S., 52 So.3d at 860. … The testimony indicates that [he] clearly has a close bond with [J.B. and M.B.].

Laurie Marshall Versus Travis Thurman

Louisiana Court of Appeal · Sep 24, 2025

Perret, supra, the trial court concluded that the father qualified as a perpetrator of domestic violence under the PSFVRA. … Marshall established by clear and convincing evidence that Mr.

John Maybrier v. Louisiana Medical Mutual ins.co.

Louisiana Court of Appeal · Jun 10, 2009

Green, who the patient would have used to perform the prostate surgery was any more qualified or specialized in that area of medicine than Dr. LaNasa. … Clearly the law has acknowledged that specialists are in a superior position within their field than that of a general practitioner.

Bernard v. Royal Ins. Co.

586 So. 2d 607 · Louisiana Court of Appeal · Aug 28, 1991

Bernard was qualified to become a tropical medicine graduate student and probably as a candidate for a doctorate. Athena Porter, a high school friend, testified that Ms. … Morse clearly answered that work would be "the best thing around" for Ms. Bernard, the answer counsel wanted to hear. However, his response, "I just don't see that happening" effectively negated the hypothet.

Louisiana Crawfish Producers Assoc. v. Amerada Hess Corporation

Louisiana Court of Appeal · Jul 12, 2006

Fishermen’s inability to establish a private property interest in free-swimming corporeal fish has precluded recovery under this theory. Douglas F. … against a landowner under the law of delictual obligations . . ., but not for violation of obligations established by Articles 667 and 668.”

Fruge v. Pacific Employers Ins. Co.

71 So. 2d 625 · Louisiana Court of Appeal · May 31, 1954

This doctor thought at that time that plaintiff should be qualified to do more strenuous work than he was doing. The diagnosis of traumatic arthritis would be difficult to dispute, said Dr. … It is not shown clearly whether the two amounts were earned in the same week.

Jonathan Scott Chouest v. Kirt Chouest and Kellie Chouest Duet

Louisiana Court of Appeal · Dec 19, 2019

It clearly requires that trustees shall annually account to the beneficiaries. … Here, Kirt and Kellie attempt to plead ignorance of the terms of the Trust while simultaneously seeking to rely on the terms of the Trust to secure immunity for the Trust's lost value.

De Nunez v. Bartels

727 So. 2d 463 · Louisiana Court of Appeal · Sep 9, 1998

Parra, who qualified as an expert in the private international law—or conflicts law—of Venezuela, testified that under the Bustamante Code, article 141, donations inter vivos are governed by the same law as contracts. … Because the dispute here involves incorporeal movables and Julio Valencia died domiciled in Venezuela, art. 3532 clearly points to the applicability of Venezuelan law. *481 To the extent the succession issues present broader

Chad Langlinais and Wendy Lejeune v. Derrick Leblanc

Louisiana Court of Appeal · Apr 17, 2019

They introduced photographs of both vehicles and Wendy’s face to establish the severity of the collision. The defendants established that both Chad and Wendy had serious credibility issues. … Appellate courts do not amend general damages awards unless the record clearly reflects that the trial court abused its discretion. Cox v.

Cls v. Gjs

953 So. 2d 1025 · Louisiana Court of Appeal · Mar 7, 2007

Vaughan-Eden further opined that some of the "hyperactive or silly or anxious" behavior attributed to the Daughter was "clearly trauma." … The Louisiana *1046 Supreme Court held that the statute did not establish a penalty for noncompliance, and the court could not supply one by dismissing the disciplinary action.

Donald Tanks v. Cb&i, Inc.

Louisiana Court of Appeal · Dec 18, 2019

In order to assist the employer in meeting its statutory burden of establishing that it “knowingly” hired a worker with a preexisting permanent partial disability so as to qualify for reimbursement from the … “A WCJ’s determination regarding forfeiture of benefits is subject to the manifest error/clearly wrong determination.” Dugas v.

State of Louisiana v. Leon D. Fussell

Louisiana Court of Appeal · Sep 27, 2006

In its brief, the state contends that the words “photographs, films, videotapes, or other visual reproductions” are qualified with the words “of a child” rather than “of any child.” … The use of the plural form was clearly a matter of grammatical style and not suggestive of an intent to establish a unit of prosecution based upon a broad course of conduct involving multiple contraband