18 results for 'judge:"Dysart"'.
J. Dysart finds that the trial court properly denied a contractor's motion for post-judgment relief against the water board regarding the interruption in service for the contractor's failure to timely pay an invoice for water service after the contractor was awarded damages for breach of contract regarding the replacement of two sewerage pumping stations. In this case, the contractor cannot obtain payment of the judgment through compensation of water service. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 25, 2024, Case #: 2023-CA-0787, Categories: Water, Contract
J. Dysart finds that defendant was properly convicted of second-degree murder. The evidence shows that the murder victim was defendant's former girlfriend's fiance' and that defendant was jealous of the relationship. Further, the girlfriend testified that defendant was angry at the time of the murder because she had stopped speaking to him. Also, the defendant was familiar with the residence where the shooting took place, took a cab to the area where the murder occurred, and would have known about the alleyway on the side of the house that would allow him access to the residence to avoid surveillance. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 23, 2024, Case #: 2023-KA-0540, Categories: Evidence, Murder
J. Dysart finds that the trial court properly determined that a store was not vicariously liable for an employee's actions in an altercation with a customer. In this case, the customer and the employee knew each other because the customer was the current husband of the employee's ex-wife. The surveillance video shows that both parties were willing participants in the fight, with the customer shoving the employee and the employee hitting the customer with bolt cutters. The evidence shows that the altercation was not rooted in the employee's employment and was personal in nature. Further, given the actions of the parties, the jury properly determined that the customer was 35 percent at fault and the employee was 65 percent at fault. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-CA-0482, Categories: Employment, Contract
J. Dysart finds that the district court should not have found for a hotel on a patron's slip and fall claim. In this case, there are genuine issues of material fact as to whether the mat the patron was walking on at the time of the accident was defective. A valet testified that there was a problem with the mat at the entrance and that he had discussed the mat with a hotel employee on a previous occasion. Reversed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-CA-0589, Categories: Evidence, Negligence
J. Dysart vacates the restitution judgment related to defendant's simple criminal damage to property conviction for damaging a vehicle. In this case, there was no evidence reflecting the value of the vehicle. The vehicle was an uninsured 2008 Mercedes Benz C Class vehicle which had over 200,000 miles on it and was inoperable at the time defendant damaged the exterior. Vacated.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-KA-0711, Categories: Evidence, Vehicle, Property Crimes
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J. Dysart finds that the trial court properly found for a homeowner on her contract claim that a contractor failed to properly repair her home after tornado damage. The parties' contract states, "Contractor shall supervise and direct the Work and accepts responsibility for construction means, methods, techniques, sequences and procedures required to complete the Home Renovation Project in compliance with the Contract Documents." Further, the contractor abandoned the contract when it endorsed the check from the homeowner's mortgage company to a subcontractor and turned the project over to the subcontractor without the homeowner's consent. Also, the record shows that a check for part of the homeowner's insurance proceeds was never returned to her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: March 21, 2024, Case #: 2023-CA-0296, Categories: Construction, Contract
J. Dysart finds that defendant was properly convicted of molestation of a juvenile under the age of thirteen, indecent behavior with a juvenile under the age of thirteen, and sexual battery of a victim under the age of thirteen. There was expert testimony that the victim was ten years old when the sexual assaults were first documented and twelve years old when the last incident took place in September 2018. Further, defendant was the victim's biological father and was in a position of power over the victim. Also, the victim testified to the sexual abuse and reported the sexual assaults to her mother, although the mother did not believe her. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: March 18, 2024, Case #: 2023-KA-0498, Categories: Evidence, Sex Offender
J. Dysart vacates the trial court's judgment determining that defense counsel rendered ineffective assistance of counsel to defendant. In this case, there is no testimony from the defense counsel as to why he did not file a motion to withdraw the plea. Without the testimony, this court cannot make a finding as to whether the decision to not file the motion was based on trial strategy or counsel deficiency. Vacated.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: February 20, 2024, Case #: 2024-K-0019, Categories: Evidence, Ineffective Assistance
J. Dysart finds that the district court properly found for a school on a parent's claim that her son was sexually battered by another student. In this case, the school presented surveillance footage showing the student walking down the hallway with his hand outstretched, brushing his fingers against the wall as he walked, when he brushed across the son's lower back for less than one second as they passed each other. The incident on the video does not support that a sexual battery occurred. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: January 26, 2024, Case #: 2023-CA-0326, Categories: Evidence, Negligence
J. Dysart finds that the district court properly found for a class of individuals living in housing developments operated by the Housing Authority on the issue of liability on their claim for exposure to mold. The district court determined that the Housing Authority was liable for breach of contract, not breach of HUD housing standards, and it was based on the class wide contract terms and conditions of the leases. Further, the testimony of the class members established that they all suffered a breach of contract as a result of the mold in their apartments. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: December 20, 2023, Case #: 2023-CA-0182, Categories: Housing, Class Action, Contract
J. Dysart finds that the trial court properly granted a creditor's exception of no cause of action on a property owner's nullity petition related to his property being sold at a sheriff's sale after he defaulted on the mortgage. In this case, the creditor was not the adjudicatee at the sheriff’s sale and has never been in possession of the property. Therefore, the property owner was not entitled to file a lawsuit to nullify the sale of the property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: December 20, 2023, Case #: 2023-CA-0263, Categories: Property, Contract
J. Dysart finds that the Louisiana Tax Commission properly granted a taxpayer's protest to reduce the valuation of her property by the assessor. The taxpayer showed that the property has only been used as greenspace and for water retention and provided evidence of the substandard condition of the streets near her vacant lot. The taxpayer claimed that the assessor inequitably valued her property by failing to take into account the varying condition of streets in the neighborhood. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: November 28, 2023, Case #: 2023-CA-0079, Categories: Administrative Law, Property, Tax
[Consolidated.] J. Dysart finds that the trial court should not have granted a tax sale buyer's motion to confirm title and homologate tax sale. The motion was based on the sustaining of the buyer's exception of no cause of action on the original owners' claim that the buyer failed to send the required notice of the tax sale. In this case, the trial court should have given the original owners an opportunity to state a cause of action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: October 16, 2023, Case #: 2022-CA-0851, Categories: Civil Procedure, Property
J. Dysart finds that the trial court properly granted a contractor’s motion for sanctions on a worker’s claim that he was injured in a workplace accident when he fell because of a defective handrail on the trolley of a crane. In this case, the contractor consistently maintained that it did not do any work on the handrail, and the worker made no inquiry and did not produce any evidence into the involvement of the contractor with the crane prior to or after filing his lawsuit. The record supports that the worker’s counsel did not investigate into the basis of the worker’s claims against the contractor before filing the action. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: July 31, 2023, Case #: 2022-CA-0848, Categories: Evidence, Sanctions, Contract
J. Dysart finds that defendant was properly convicted of second degree murder, obstruction of justice, and possession of a firearm by a convicted felon. Defendant does not show that he was acting in self-defense when he shot the victim. Further, a crime camera video shows that the victim was not in possession of a gun, and the autopsy report indicates that eight of the twelve bullets that hit the victim were fired into the victim's back and that all of the bullets were from the same gun. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: July 6, 2023, Case #: 2022-KA-0742, Categories: Evidence, Murder, Self Defense
J. Dysart finds that the trial court properly determined that all payments under a settlement agreement made by a business partner to a former financer, other than $856,000 in cash payments, are "revenue" payments rather than contingent earn out payments in exchange for the former financer's stock in the safety invention company. In this case, the settlement agreement was to settle all the legal disputes between the parties, and the ruling that "any payments made to [the former financer] in excess of the $865,000.00 . . . were revenue and should be treated as a taxable event" was reasonable. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: June 1, 2023, Case #: 2022-CA-0782, Categories: Settlements, Business Practices, Contract