Case law

Daley v. Morial

205 So. 2d 213 · Louisiana Court of Appeal · Dec 4, 1967

This is clearly permitted under our law. (See Stavis v. Engler, 202 So.2d 672 ). Clearly defendant had the intention of establishing a residence at 1242 Magazine Street. … I respectfully dissent, being of the opinion that the facts of this case did not show that relator established a bona fide residence in the district in which he attempted to qualify.

Russo v. Burns

2014 La.App. 4 Cir. 0952 · Louisiana Court of Appeal · Sep 9, 2014

Russo had established a prima facie case that had not been rebutted by Mr. Burns and disqualified him as a candidate. | fiThis appeal followed. DISCUSSION Upon appeal, Mr. … Jackson clearly prejudiced him in .meeting his burden of proof. La.

Pittman Const. Co., Inc. v. PARISH OF E. BATON ROUGE

493 So. 2d 178 · Louisiana Court of Appeal · Jul 7, 1986

In the absence of legislation expressing the need for such a rule, we decline to establish one, leaving the establishment of such a rule to the legislature. … The Pre-Qualified System Vendors were those vendors, manufacturers, or suppliers of equipment who, in accordance with the procedures established and contained within the documents, were to be approved by the engineer in advance

Cloud v. Schedler

14 La.App. 3 Cir. 1261 · Louisiana Court of Appeal · Dec 3, 2014

Grace Ann Carpenter[, Rickey] Havi-land, Michelle Haviland and Todd Tom-erlin were registered and qualified to vote and did vote in the subject election. … It also provides the circumstances for immunity from prosecution.

Jackson v. Dickens

236 So. 2d 81 · Louisiana Court of Appeal · Feb 2, 1970

She had not at this time actually qualified as her son’s tutrix. Therefore, on July 5, 1968, defendant filed the instant exception. … Article 4031 of the Code of Civil Procedure 2 clearly requires that in cases involving illegitimate children, a petition for the appointment of a tutrix for such child shall be filed in the parish where the minor resides.

Brown v. Rudy Smith Service, Inc.

441 So. 2d 409 · Louisiana Court of Appeal · Nov 10, 1983

that the finding is not clearly wrong. … The appellate court should determine whether the district court judgment is clearly wrong considering all the evidence. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978). Here, the trial judge was clearly wrong.

Williams v. Town of Many

350 So. 2d 224 · Louisiana Court of Appeal · Aug 30, 1977

The permit authorizes the sale of alcoholic beverages in plaintiff’s establishment which was located in the Town of Many. … propositions listed below be submitted to the qualified electors of Ward 4 and the Town of Many, respectively: 2 “1.

Smith v. Thurman Oils, Inc.

2006 La.App. 1 Cir. 0743 · Louisiana Court of Appeal · Dec 28, 2006

Clearly, Mr. Smith's testimony established that he was not disabled within the meaning of the LEDL. Therefore, this assignment of error has no merit. THE SOCIAL SECURITY DISABILITY ISSUE While Mr. … He therefore has failed to create a material issue of fact of whether he is qualified for the position he sought.

Turner v. Southwest Louisiana Hosp. Ass'n

2003 La.App. 3 Cir. 0237 · Louisiana Court of Appeal · Oct 1, 2003

Brookshire Bros., Ltd., 02-2404, 02-2421 (La.6/27/03), 848 So.2d 559 , which held that in a trial against the Fund for excess damages, evidence that victim or third party fault caused any portion of the damages "is clearly … (C)(5). [1] *1242 Accordingly, we find the well reasoned and established rationale of Stuka controlling in the case before us.

Dietz v. Dietz

14 La.App. 3 Cir. 1164 · Louisiana Court of Appeal · May 6, 2015

As this litigation clearly established, Mrs. Dietz was not satisfied in pursuing Mr. Dietz through the legal channels available to her in both Mexico and Louisiana; nor was she satisfied with the results achieved by Mr. … that the finding is clearly wrong (manifestly erroneous).

Favalora v. Aetna Casualty & Surety Company

144 So. 2d 544 · Louisiana Court of Appeal · Jun 29, 1962

Hartford also concedes that the immunity of its said insured may not be plead in defense of plaintiff's claim against said insurer. … Although plaintiff could have volunteered such information, it is clearly shown that she was not questioned with respect thereto.

McPherson v. LAKE AREA MEDICAL CENTER

99 La.App. 3 Cir. 1876 · Louisiana Court of Appeal · May 24, 2000

Lewis'"liability" was established by his settlement of the claim. In Graham v. … This standard and breach are established by the settlement. Nonetheless, the statute clearly requires that both shall be admissible.

Bilbe v. Foster

2015 La.App. 4 Cir. 0302 · Louisiana Court of Appeal · Sep 9, 2015

C.C.P. art.1972(1), the granting of a new trial is mandatory if “the verdict or judgment appears clearly contrary to the law and the evidence.” … Bilbe simply states that the trial court’s judgment was clearly contrary to the law and evidence, but fails to offer any authority to support her position.

Hollander v. Days Inn Motel

98 La.App. 3 Cir. 1361 · Louisiana Court of Appeal · May 19, 1999

Plaintiff asserts that there is no evidence in the record that establishes the Festival’s boundaries or that establishes the attack took place a “considerable distance” from the Festival. … The testimony of Chief Crenshaw of the Lafayette police force clearly | ^establishes the boundaries of the Festival at that time as being “Lee Avenue, up around the Baptist church, across Main to Vermillion up to Cathedral

Smith v. Two" R" Drilling Co., Inc.

606 So. 2d 804 · Louisiana Court of Appeal · Aug 20, 1992

The record clearly establishes that plaintiff has been suffering from pseudo-seizures since the incident in question. … While the medical evidence establishes that there is no organic basis for these seizures, the evidence clearly shows that the seizures were caused by the incident. Plaintiff's psychiatrist, Dr.

National Information Services v. Gottsegen

737 So. 2d 909 · Louisiana Court of Appeal · Jun 1, 1999

They contend the exhibits are hearsay because NIS failed to produce a qualified person to attest to their authenticity. La. C.E. … The party who seeks to introduce written evidence must in some way, nonetheless, authenticate it by a qualified witness.

Johnson v. Augustine

943 So. 2d 466 · Louisiana Court of Appeal · Aug 29, 2006

The circumstances indicating establishment of a domicile include where a person sleeps, takes his meals, has established his household, and surrounds himself with the comforts of domestic life. Charbonnet v. … Once domicile is established, there is a presumption against change of domicile. Herpin, 709 So.2d at 273 .

Lake D'Arbonne Properties, L.L.C. v. Digco Utility Construction, Inc.

949 So. 2d 590 · Louisiana Court of Appeal · Jan 31, 2007

between them cannot be manifestly erroneous or clearly wrong. … Digco’s Liabilitg Digco pled the immunity provided by La. R.S. 9:2771 in its answer.

Milbert v. Answering Bureau, Inc.

12 La.App. 3 Cir. 632 · Louisiana Court of Appeal · Dec 5, 2012

Under Louisiana law, this filing suspends the running of prescription against “all joint tortfeasors, including but not limited to providers, both qualified and not qualified to the same extent that prescription is suspended … Thus, Dexcomm, if it is established it is a joint tortfeasor, is covered under the Act.

Hanewinckel v. ST. PAUL'S PROP. & LIABILITY INSURANCE, CO.

611 So. 2d 174 · Louisiana Court of Appeal · Dec 16, 1992

In rejecting the workman's compensation immunity defense, the court noted that the attack clearly did not arise out of plaintiff's employment duties, and that she had not yet reported for work. … Further, the court indicated that expert testimony could establish what might constitute a breach of duty.