Case law

State v. DeShazo

504 So. 2d 963 · Louisiana Court of Appeal · Mar 4, 1987

However, in the absence of qualifying provisions, the terms ‘intent’ and ‘intentional’ have reference to ‘general criminal intent.’ … The state asserts that DeShazo’s “actions clearly demonstrate that she was aware that the consequences of her actions were certain to follow.”

STATE, DEPT. OF SOCIAL SERV. v. McCorkle

694 So. 2d 1077 · Louisiana Court of Appeal · Apr 29, 1997

As has been clearly announced in later decisions by the Supreme Court, the father or spouse does not possess the authority to prevent or require the mother to terminate her pregnancy. See Planned Parenthood v. … The right of privacy is not absolute; it is qualified by the rights of others. Gannett River States Publishing v. Hussey, 557 So.2d 1154 (La.App. 2 Cir.1990), writ denied, 561 So.2d 103 (La.1990).

Steve Crooks v. State of La. Through the Dept. of Natural Resources

Louisiana Court of Appeal · Jun 29, 2022

Moreover, the petition clearly prayed for the setting of the exact low-water mark. … establish that no complete and equitable adjudication of the controversy can be made in his absence.

Opinion Number

Louisiana Attorney General Reports · Aug 6, 1996

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally, and affirmatively established. Zapata Haynie Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991), Writ Denied. … We believe the necessity of meeting both criteria is clearly recognized by the Louisiana Supreme Court in Slay .

Heirs of Morris v. Simpson

997 So. 2d 659 · Louisiana Court of Appeal · Oct 29, 2008

The record clearly reflects that Route 1, Box 44-A and 213 Mason Road in Frierson are the municipal addresses for the Property. … Because of the unknown whereabouts of the decedent's successors, the appointment of an Article 5091 attorney would clearly be in order in such a setting.

State v. Chambers

758 So. 2d 231 · Louisiana Court of Appeal · Jan 19, 2000

Kennison clearly and candidly stated that he did not believe that he could be impartial in this case. … Kennison that he would be qualified to be a juror." I disagree. Clearly, in the light of his entire voir dire, and more specifically, his final response, which was to defense counsel, Mr.

State ex rel. A.H.

206 So. 3d 1081 · Louisiana Court of Appeal · Sep 28, 2016

that the fact finder, is clearly wrong or manifestly erroneous. … If such a basis does not exist, the appellate court must conclude that the fact finder is clearly wrong or manifestly erroneous.

Barras & Breaux v. Champeaux

526 So. 2d 1231 · Louisiana Court of Appeal · Apr 6, 1988

Both sides presented well qualified real estate appraisers, none of whom agreed with another. … In the instant situation, all four of the real estate appraisers were qualified in their field of expertise.

Oliver v. Chrysler Corp.

510 So. 2d 1320 · Louisiana Court of Appeal · Jun 26, 1987

This leak has had the continued attention of several well qualified auto service people and yet it still exists. … This contention is totally unsubstantiated and clearly without merit.

Opinion Number

Louisiana Attorney General Reports · Nov 12, 2008

Your letter concedes that the documents requested clearly fall within the definition of public records available for inspection under Title 44 of the Louisiana Revised Statutes. … Finding the president of the title company was entitled to bring his own equipment to reproduce the records at issue, the Court held: As a qualified member of the public, Mr.

Nesom v. Brown & Root USA, Inc.

790 F. Supp. 123 · District Court, M.D. Louisiana · Apr 14, 1992

Since the policy by its own terms does not affect these requirements, it does not affect any offsets which qualify or limit those requirements. … To allow the offset proposed by UNUM would clearly affect the. amount of plaintiff’s worker’s compensation benefits.

City of Alexandria Through Snyder v. Lanier

446 So. 2d 547 · Louisiana Court of Appeal · Mar 7, 1984

A Mayor, in the performance of his administrative duties, must be accorded discretion and his exercise thereof will be presumed to be valid unless the contrary is clearly shown. LaFleur v. … Nevertheless, charter provisions limiting or qualifying the authority of municipal officials must be construed so as to give them effect. Id.

McCauley v. Albert E. Briede & Son

231 La. 36 · Supreme Court of Louisiana · Jun 29, 1956

is open to attack only by a person whose rights are affected thereby, and that such person must show that enforcement of the law would be an infringement of his rights, it is incorrect to say that the plaintiffs fail to qualify … Indeed, unrestricted discretion as to what uses might be made of the properties in a community would not *49 only be contrary to sound social policy but clearly unconstitutional. * * * ” 10 It is clear that the provisions

Grennon v. New Orleans Public Service, Inc.

17 La. App. 700 · Louisiana Court of Appeal · Jul 20, 1931

In order to counteract and qualify the plain meaning of the words “shall attach,” and the logical and necessary inference and meaning flowing from the use of these words, the Legislature would have had to specifically and … The Louisiana Civil Code seems to clearly provide, however, that “er- *710 • ror of law can never be alleged as a means of acquiring.” Revised Civil Code, 1846) subparagraph 3.

Brown v. Floyd

976 So. 2d 356 · Louisiana Court of Appeal · Jan 30, 2008

that the fact finder is clearly wrong or manifestly erroneous. … Thus, to establish liability on the part of a lessor who has passed on responsibility for the condition of his property to his lessee under LSA-R.S. 9:3221, a plaintiff must establish that he sustained damages; that there

Regina Rizzutto v. Lance Joseph and Hon. Amanda Gross Thies, West Baton Rouge Parish Clerk of Court

Louisiana Court of Appeal · Aug 7, 2024

establishing that the candidate: ( 1) was an elector of the municipality at the time of qualifying; ( 2) was domiciled in the municipality for at least a year prior to qualifying; and ( 3) actually resided in the municipality … for at least a year prior to qualifying.

Craig v. City of New Orleans Board of Zoning Adjustments

903 So. 2d 530 · Louisiana Court of Appeal · May 4, 2005

ROOMING HOUSE: See Lodging House. | ¡(Allison’s description of the property and his use of it from 1961 until 1998 clearly fall within the definition of a “lodging house.” … Thus, the question is whether Allison’s use of the property, pursuant to the 1970 revisions to the CZO qualified as a “rooming house” or “transient vacation rental.”

Scott v. American Tobacco Co., Inc.

949 So. 2d 1266 · Louisiana Court of Appeal · Feb 7, 2007

However, clearly there is no need for the establishment of a cessation program in the absence of exposure to nicotine and other toxins contained in cigarettes. … We agree with defendants that an award of the creation of a smoking cessation program does not qualify for pre-judgment interest as intended by La. R.S. 13:4203.

Borne v. Edwards

612 So. 2d 219 · Louisiana Court of Appeal · Dec 29, 1992

Fraud need only be proven by a preponderance of the evidence and may be established by circumstantial evidence. Next, Ms. Borne argues that under C.C. … Pendleton is a security consultant qualified in Louisiana and other states, on the state and federal level.

In Re Joyce Nanine McCOOL

172 So. 3d 1058 · Supreme Court of Louisiana · Jun 30, 2015

We agree the examples clearly and convincingly establish respondent solicited the public to contact the presiding judges and this Court. … Heriard, 221 La. 151, 160 , 58 So.2d 836, 839 (1952)(“well established that the paramount consideration |ss... is the welfare and best interest of the child”).