Case law

Guffey v. Lexington House, LLC

254 So. 3d 1 · Louisiana Court of Appeal · Aug 22, 2018

Prescription is suspended as to the named party defendants, "all joint and solidary obligors, and all joint tortfeasors, including but not limited to health care providers, both qualified and not qualified[.]" … "The Supreme Court conclusively established in LeBreton v.

City of Bastrop v. Harris

198 So. 3d 163 · Louisiana Court of Appeal · Jun 22, 2016

Instead, the WCJ found Bastrop’s adjuster incorrectly calculated- Harris’ qualified ^monthly payment amount, which resulted in Harris being overpaid $4,368.00 5 in SEBs. … Clearly, Bastrop’s cause of action for reimbursement arises out of Harris’ workers’ compensation claim in the first proceeding.

Fellows v. Fellows

220 La. 408 · Supreme Court of Louisiana · Mar 19, 1951

He stated that he has testified in the court on the average of twice a year for the past 20 years, having qualified as an expert in this field in a number of states. … establish to the judicial mind convincing proof of the genuineness of the will herein attacked.”

Alessi v. Belanger

644 So. 2d 778 · Louisiana Court of Appeal · Oct 7, 1994

An appellate court will not disturb the factual finding of the trial court unless it is manifestly erroneous or clearly wrong. … is clearly wrong.

G/O ENTERPRISES, INC. v. Mid Louisiana Gas Co.

444 So. 2d 1279 · Louisiana Court of Appeal · Jan 5, 1984

Opinion 770 as amended by 770-A did not affect rates established in 699-H for "gas not previously sold in interstate commerce prior to January 1, 1973," and these continued in effect. … G/O tendered Eldred to the court as an expert and the court qualified him as such—clearly then, the court was not in error in stating that he held himself out as a specialist.

Clemons v. Clemons

960 So. 2d 1068 · Louisiana Court of Appeal · Jul 11, 2007

We find these actions are sufficient to establish that an account is uncollectable and qualifies as a bad debt. Ms. Clemons also insists that certain accounts should not be considered bad debts for various reasons. … We find that the judgment of the trial court does not clearly reflect what items were included in the equalization payment awarded to Ms. Clemons.

Succession of Wadsworth

152 La. 131 · Supreme Court of Louisiana · May 29, 1922

Norris, and a first cousin of decedent, alleging that he had died intestate, was appointed administratrix of his succession December 12, 1918, and duly qualified as such December 30, 1918. … establish to the judicial mind convincing proof of the genuineness of the will herein attacked.

State ex rel. Cunningham v. Board of Assessors

52 La. Ann. 223 · Supreme Court of Louisiana · Dec 15, 1899

The State and City, in our opinion, are clearly entitled to the remedy given by the law to compel official performance of mere ministerial duty. … We are clearly of opinion that it is exempt from taxation, but not that property the association holds for other purposes.

Cinquimani v. Concordia Fire Insurance

5 Pelt. 290 · Louisiana Court of Appeal · Jan 30, 1922

the policy, November 16th, 1917, to the date of the fire, Deoember 19th, 1917, plaintiff was not in possession of any publio notarial title, nor was there any publio registration in his name of such a title, as owner oí qualified … In other words, possession, coupled with the three essentials of sale , to wit: the thing sold, the price, and the consent, have been clearly established in this oase. (0. 0. Article 2439).

State v. Harriman

469 So. 2d 298 · Louisiana Court of Appeal · May 8, 1985

by a proper chain of custody. *303 Identification of an item of evidence establishes a proper foundation for its admission into evidence. … Therefore, we conclude that the evidence was clearly sufficient for the jury to conclude, beyond a reasonable doubt, that the defendant was guilty of the crime of second degree murder.

Dempsey v. Pace

29 So. 2d 180 · Louisiana Court of Appeal · Feb 17, 1947

Martin was extremely cautious in expressing any definite opinion and on cross-examination he qualified his statement to the degree evidenced by the following extract from his testimony: "Q. … In both the Custer and the Hill cases the Court found that accidents had been established by a prepondance of the evidence.

State v. Michael

891 So. 2d 109 · Louisiana Court of Appeal · Jan 7, 2005

C.E. art. 1101(B) and the above jurisprudence, Michael may not simply argue that his wife's statements at the hospital to Captain Newsom do not qualify as an excited utterance within the exception to the hearsay rule under … Her hospital statement that Michael stabbed her coupled with the strong circumstantial implications of his rampage through Mattie's residence, as established by Ashley's direct testimony, sufficiently established that Michael's

Hopping v. Louisiana Horticulture Com'n

509 So. 2d 751 · Louisiana Court of Appeal · Jun 23, 1987

The purpose of the investigative hearing is to establish a factual record upon which to determine if a violation of law has occurred. … This definition in La.C.C. art. 163 clearly includes independent contractors, as well as any other type of employee. La.

Darrell D. Martin v. Jeremy D. Robinson, and Honorable Gary Stanga, in his capacity as Clerk of Court of the Parish of Tangipahoa, State of Louisiana

Louisiana Court of Appeal · Aug 6, 2020

his homestead exempt property was located, when clearly he was not. … According to Sledge, while these types of errors are not commonplace, they do occur. 0  The facts developed at the hearing below clearly establish that Robinson did

LaMoyne-Clegg Dev. v. Bonfanti-Fackrell

509 So. 2d 43 · Louisiana Court of Appeal · May 27, 1987

In the instant case, the defendant qualified as a general contractor who could file a lien on plaintiff's property. The defendant's affidavit was timely filed and plaintiff's property was properly described. … Defendant, in filing the contractor's lien, was clearly seeking final payment and payment of the retained percentage.

American Gen. Inv. Corp. v. St. Elmo Lands

391 So. 2d 570 · Louisiana Court of Appeal · Nov 12, 1980

The record establishes that the law firm was discharged and directed to withdraw long before the joint motion to dismiss was filed. LSA-C.C.P. … The law firm's assertion that the right to dismiss is qualified by its right to proceed against the defendant for recognition and payment of legal fees is clearly wrong.

EASTER SEAL SOC. CRIPPLED CHILDREN AND ADULTS OF LA., INC. v. Playboy Enterprises, Inc.

530 So. 2d 643 · Louisiana Court of Appeal · Aug 16, 1988

The court immediately qualified this declaration, however, stating, "It must be said that there is some limit to this right, which is not necessary to discuss in this case." 115 La. at 482 , 39 So. at 500 . … The jurisprudence establishes that plaintiff's consent, properly obtained, provides a defense, but it does not establish that lack of consent translates into liability.

Siemens Water Technologies Corp. v. Revo Water Systems, LLC

13 La.App. 3 Cir. 631 · Louisiana Court of Appeal · Jan 8, 2014

Furthermore, “convoluted factual or legal scenarios could qualify as exceptional circumstances which justify the application of this exception.” Id. … Rather, it is an attempt to memorialize an issue that had clearly already been litigated, as the trial court reached a judgment on this issue.

Kerr v. American Tugs of Venice, Inc.

522 So. 2d 190 · Louisiana Court of Appeal · Mar 14, 1988

The testimony of both doctors clearly indicates that the plaintiff developed degenerative disc disease after his accident in 1972. … Bloomer also establishes that the employer is entitled to recoup from a third-party recovery the entire amount of the benefits paid without a reduction for its proportionate share of the litigation expenses and attorneys’

O'BANNON FOR O'BANNON v. Azar

506 So. 2d 522 · Louisiana Court of Appeal · Mar 4, 1987

When, as is true in this case, a child's right to establish filiation has been vigorously prosecuted by his mother from trial to court of last resort, her failure to note on the petition that she is the child's representative … Richardson, 372 So.2d 1188 (La.1979), as authority for his response that the natural tutor need not qualify as tutor before she brings suit.