Case law

In Re Succession of Jones

8 La.App. 3 Cir. 1088 · Louisiana Court of Appeal · Mar 4, 2009

An existing marriage qualifies as such an impediment. La.Civ.Code art. 88. … With regard to the search for a divorce judgment, Harriett clearly established that she and David were married a second time on April 12, 1978, and that she remained domiciled in Harris County, Texas, from that day forward

Green v. Cement Products Services, Inc.

526 So. 2d 493 · Louisiana Court of Appeal · May 17, 1988

However, we find the trial court's award of supplemental earnings benefits clearly wrong. … Clearly the court intended to award Supplemental Earnings Benefits under LSA-R.R. 23:1221(3), as it stated in its oral reasons for judgment.

Gardner v. Nabors Offshore Corp.

1 La.App. 3 Cir. 0773 · Louisiana Court of Appeal · Nov 21, 2001

The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. La. Const. art. … Termination of Employment In an effort to bring employees back to work, Defendant established a Transitional Education Program ("TEP").

Matter of Succession of Littleton

391 So. 2d 944 · Louisiana Court of Appeal · Dec 2, 1980

ability to read as an element of testamentary capacity to make a statutory will is that the legislature by Act No. 333 of 1976 amended LSA-R.S. 9:2442 to provide a form of statutory will which a person who could not read was qualified … in Succn. of Arnold, supra, by denominating the ability to read a requirement of testamentary capacity for a statutory will in the form used by decedent is fallacious because the pertinent legislative history referred to clearly

Terrebonne Parish Branch Naacp v. Jindal

274 F. Supp. 3d 395 · District Court, M.D. Louisiana · Aug 17, 2017

To establish Article. … It also presumes that the white majority has the sole right to determine who is “qualified,” while clearly, the black community, over the course of many years, has voted for black candidates they think are qualified who consistently

Coleman v. Touro Infirmary of New Orleans

506 So. 2d 571 · Louisiana Court of Appeal · Apr 9, 1987

Viewing the evidence in its entirety, we conclude that the jury was clearly wrong in finding that Dr. Cherrie's negligence was a proximate cause of the Coleman baby's death. Mrs. … The evidence considered, we conclude that the jury was clearly wrong in finding Touro Infirmary negligent in its medical treatment of Mrs. Coleman.

Long v. Panther Airboat Corp.

453 So. 2d 304 · Louisiana Court of Appeal · Jun 26, 1984

The facts previously outlined clearly show that defendant was transacting business in this state within the meaning of La.R.S. 13:3201(a). … -C.C. art. 2543 provides that a "judge may decree merely a reduction of the price" in a suit for redhibition, if the evidence establishes only a partial failure of consideration.

In Re Members of Class of Descendants Etc.

817 So. 2d 324 · Louisiana Court of Appeal · Apr 24, 2002

Reeves as an expert qualified to establish legal title. Dr. Reeves testified concerning his research on the plaintiffs' chain of title. … In the instant case, the first requirement has clearly been met.

Kaufman v. Sewerage & Water Bd.

762 So. 2d 644 · Louisiana Court of Appeal · May 3, 2000

wrong based on the evidence, or clearly without evidentiary support. … Touchet did not establish that he was qualified to give an opinion as to the distance from which a canal could effect ground water level at a designated property.

Theresa Nicholson, Jonathan Nicholson; Joshua Nicholson, & Jacquelyn N. Shoemaker v. Steven L. Brown, Kody Brown, Kristopher Brown, & Poverty Point Produce Co.

Louisiana Court of Appeal · Feb 26, 2025

Clearly they have alleged a cause of action for the invalidity of the UCRs, urge the plaintiffs. … Fourth, the second petition specifically alleges facts that, if proven, establish that the plaintiffs are oppressed shareholders under La.

Kimberly Pearson Ruby v. Lyndon Bain Carpenter

Louisiana Court of Appeal · Dec 17, 2025

She also argues that the BBA does not allow a qualified health care provider to charge a 3 patient an amount greater than the contractually agreed-upon amount. … An appellate court may not set aside a trial court’s finding of fact in the absence of manifest error or unless it is clearly wrong. Id.

Afco Credit Corp. v. Rosenthal Agency, Inc.

95 La.App. 4 Cir. 1865 · Louisiana Court of Appeal · Apr 3, 1996

The agreement stated quite clearly that Rosen-thal’s assumption of liability under the agreement was limited. … That was clearly identified on their balance sheet and in the bankruptcy hearings.” Therefore, this argument is without merit.

New Orleans Opera Ass'n v. Southern Regional Opera Endowment Fund

2007 La.App. 4 Cir. 1373 · Louisiana Court of Appeal · Aug 27, 2008

The civil law is an a 1 ^priori, rationalistic system that seeks to establish a set outcome, so as to reduce uncertainty. … The record is absolutely devoid of any evidence that the Opera Association consented to revocation of its third party rights. 4 Moreover, the advent of this litigation clearly suggests the contrary.

Succession of Schulz

622 So. 2d 693 · Louisiana Court of Appeal · May 27, 1993

The jurisprudence in this state clearly distinguishes between the procedural requirements for seeking annulment of an absolute nullity, as opposed to the requirements for seeking annulment of a relative nullity. … Although she had herself appointed administratrix based upon relationship, she was not properly qualified as such regarding her brothers' successions.

Haws v. Professional Sewer Rehabilitation, Inc.

98 La.App. 1 Cir. 2846 · Louisiana Court of Appeal · Feb 18, 2000

Factual findings in a workers' compensation case are subject to the manifest error or clearly wrong standard of appellate review. Banks v. … The primary burden is to establish an injury was sustained as a result of an accident occurring in the course and scope of employment. LSA-R.S. 23:1031.

Pennington Const., Inc. v. RA Eagle Corp.

94 La.App. 1 Cir. 0575 · Louisiana Court of Appeal · Mar 3, 1995

Although the trial court did not address the issue, it is obvious that neither of the two contracts claimed by the parties in the instant case can qualify as a written contract. … Whether there were corroborating circumstances sufficient to establish an oral contract is a question of fact. Pelican Electrical Contractors v. Neumeyer, 419 So.2d 1 (La.

United States v. Robichaux

698 F. Supp. 107 · District Court, E.D. Louisiana · Oct 11, 1988

It was these false statements which Price and the others used in order to obtain cash from the bank to which they were clearly not entitled. Price, supra, 763 F.2d at 643 . Accord, U.S. v. … Collaterally, defendant adds that the admission of evidence establishing pre-enactment actions as proof of a pattern of conduct is itself an affront to the ex post facto clause.

Andrew Bradley Towbin v. John T. Fuller and Darren P. Lombard in His Official Capacity as Clerk of Court for Criminal District Court for the Parish of Orleans

Louisiana Court of Appeal · Mar 3, 2026

The district court’s factual findings and oral reasons were clearly erroneous because they overlooked admitted documentary evidence and disregarded the controlling rule that doubts must be resolved … Fuller contends that the 2020 tax year does not fall within “the previous five tax years” for a candidate who qualified on February 13, 2026. We disagree.

State v. Richey

258 La. 1094 · Supreme Court of Louisiana · Jun 7, 1971

The testimony of all three parties established that the warning was not given until after the accused made his statement and Reiszner had identified him. … Mitchell’s testimony on the ground of lack of qualification as a fingerprint expert were good, and that the trial court was manifestly in error in qualifying him.

Tullis v. Rapides Parish Police Jury

670 So. 2d 245 · Louisiana Court of Appeal · Jan 17, 1996

The record establishes that Lavelle, Jr. testified that Cynthia speeded up a little bit to catch Robert Alexander. … After a review of the record in its entirety, we find that Dart was qualified and his opinion was not based upon an incorrect assumption of facts.