1,041 results for 'court:"Louisiana Court Of Appeal"'.
J. Gravois finds that the trial court should not have granted the Board of Examiner's exception of no cause of action on a river boat pilot's claim that he was improperly forced into retirement. While Act 902 of 2004 may have established a mandatory retirement age for river pilots, the statute neither confers nor denies a right of action to a commissioned river pilot aggrieved by the alleged actions of the Board. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-CA-519, Categories: Administrative Law, Employment, Contract
J. Johnson finds that the district court should not have dismissed an injured driver's claims against the defendant driver's insurer. There are genuine issues on whether the insurer waived its affirmative defenses as to coverage because the driver submitted evidence to show that the insurer accepted liability for the accident in an email. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 24, 2023, Case #: 22-CA-370, Categories: Evidence, Insurance, Tort
J. Wicker finds that the trial court should not have denied the state's rule for child support and medical support filed against a father because the father and mother were still married. Statute allows the state to take action to obtain an order of support without the necessity of divorce proceedings. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 24, 2023, Case #: 22-CA-566, Categories: Family Law, Contract
J. Johnson finds that the trial court should not have dismissed a worker's slip and fall claim against his employer and homeowner after he fell from the roof of a house when stepping on a paper covering placed on the roof. There is a genuine issue of material fact as to whether the homeowner owed a duty to the worker and whether the homeowner ordered unreasonably dangerous paper for the project. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 24, 2023, Case #: 22-CA-509, Categories: Negligence, Contract
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J. Gravois finds that the trial court properly denied defendant's motion to suppress evidence on his guilty plea to possession with the intent to distribute marijuana. Defendant's arrest was legal because there was reasonable suspicion to stop him because the arresting officer approached a small group of people in a park under construction at night and smelled marijuana. Defendant then showed the officer approximately two grams of marijuana. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-KA-499, Categories: Drug Offender, Evidence
J. Wicker vacates the trial court's order granting the intrafamily adoption of a child because it lacked subject matter jurisdiction to consider and render judgment. The evidence shows that litigation regarding the custody of the child was already pending in the Jefferson Parish proceedings at the time the petition for intrafamily adoption was filed in St. Charles Parish. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 24, 2023, Case #: 23-CA-45, Categories: Civil Procedure, Family Law, Jurisdiction
J. Gravois finds that defendant was properly convicted of second degree murder and armed robbery with a firearm. The victim's girlfriend testified that three men with guns forced their way into her apartment, demanding two kilos of cocaine, tied her up and eventually took the victim in a truck with them. The girlfriend identified defendant and another individual in a line up as two of the men that entered her house. Further, defendant admitted to duct taping the girlfriend. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-KA-371, Categories: Evidence, Murder, Robbery
J. McClendon finds that the trial court properly dismissed the claims in a dispute between a property owner and homeowners association involving alleged violations of landscape maintenance requirements. The property owner's claims challenging certain amendments to the subdivision declaration are either prescribed or lack merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: May 24, 2023, Case #: 2022CA0936, Categories: Civil Procedure, Property, Real Estate
J. Gravois finds that the trial court properly removed decedent's son as provisional administrator of the succession of the decedent. In this case, there were no facts presented to show the need for an administration of this succession. Although the decedent died intestate with 21 heirs, the petition and affidavit state that the succession contains only one asset. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-CA-565, Categories: Family Law, Wills / Probate
J. Molaison finds that the trial court should not have denied a landlord's motion to compel arbitration under the parties' lease agreement. In this case, the tenant signed the arbitration agreement three separate times as a part of his lease. Further, the evidence belies the tenant's claim that he did not understand the arbitration agreement, given that he signed it. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: May 24, 2023, Case #: 23-C-87, Categories: Arbitration, Evidence, Landlord Tenant
J. Gravois finds that defendant was properly sentenced to 35 years in prison on his conviction for first degree robbery and eight years for his conviction for attempted carjacking. The testimony and evidence show that defendant took a victim's car at gunpoint and then was involved in two accidents where he fled the scene. After crashing the stolen car into a truck, he injured the truck driver while attempting to drive away. Further, defendant had two prior convictions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-KA-527, Categories: Robbery, Sentencing
J. Johnson finds that the trial court properly denied the petition to involuntarily terminate a father's parental rights. The evidence indicates that the father has shown an interest in being a part of his child's life, and there was no evidence of the foster parents expressing their desires to adopt the child. Further, the evidence shows that it was not in the best interests of the child for the father's parental rights to be terminated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 23, 2023, Case #: 23-CA-4, Categories: Evidence, Family Law
J. Jenkins finds that the trial court properly determined that a lender's claim against a borrower did not prescribe. Although the lender sent a letter to the borrower stating that he was in default, the letter did not state that it was accelerating or requiring the borrower to pay the entire outstanding balance. Therefore, the letter was not an exercise of the option for the lender to accelerate the note, and the claim has not prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 22, 2023, Case #: 2022-CA-0457, Categories: Banking / Lending, Contract
J. Jenkins finds that the trial court should not have awarded attorney fees and costs to a landowner on a claim for environmental and private damages after the oil company entered a limited admission of liability as to three of the four tracts of land. The landowner should not have been awarded fees and costs for work performed in pursuit of its unsuccessful private damages claims at trial and for work outside the scope of Act 312. The date the trial began through the last date included in the submitted billing records must be excluded from the total award. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins , Filed On: May 22, 2023, Case #: 2022-CA-0383, Categories: Environment, Attorney Fees, Contract
J. Robinson finds that defendant was properly convicted of manslaughter, aggravated battery, possession of marijuana, and attempted possession with intent to distribute a controlled dangerous substance. Alleged favorable testimony from a co-defendant was properly determined to not warrant a new trial because there was sufficient evidence for the jury to find defendant guilty of the responsive verdict of manslaughter regardless of whether the co-defendant's grand jury testimony was considered. While the co-defendant's testimony may have helped the trier of fact understand the sequence of events that led to the victim being shot, it was not necessarily favorable to defendant. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: May 22, 2023, Case #: 54,970-KA, Categories: Evidence, Manslaughter
J. Brown finds that the district court should not have denied accountants' petition for judicial review of an adverse administrative decision by the board. In this case, the record does not contain the administrative proceedings, the final decision of the board or any evidence supporting the Board’s finding. Therefore, this court cannot conduct a de novo review of the final decision. Reversed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 19, 2023, Case #: 2022-CA-0727, Categories: Administrative Law, Civil Procedure
J. Atkins finds that the trial court properly dismissed an architectural design firm's claim that a life insurance company improperly denied its claim for benefits related to the death of the firm's members. In this case, the evidence shows that the firm had not made a timely premium payment before its member's death. The policy included express language authorizing reinstatement following lapse for non-payment provided certain conditions were satisfied, including that the insured member was still alive. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: May 19, 2023, Case #: 2022-CA-0783, Categories: Insurance, Contract
J. Atkins finds that the trial court should not have found that the driver of a truck owned by a disposal company had permission to drive the vehicle and was a covered driver at the time the car collision took place. There was testimony that the employer informed the truck driver that he could not drive the truck until he resolved his driver’s license issues. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: May 19, 2023, Case #: 2022-CA-0693, Categories: Insurance, Contract