26 results for 'judge:"Greene"'.
J. Greene finds that the lower court improperly sustained exceptions of no cause of action, nonjoinder of parties and vagueness and ambiguity of a petition for accounting brought by a son who is the administrator of his mother’s estate. The son alleged there was money missing from his mom’s estate, that he believes she had dementia and that he believed one of his siblings either possessed or could help locate the missing funds. Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: April 26, 2024, Case #: 2023 CA 0873, Categories: Wills / Probate
J. Greene finds that the lower city court improperly issued a judgment of eviction, as it did not have territorial jurisdiction to evict the occupant from a house located outside the city court’s territorial jurisdiction. Vacated.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: April 26, 2024, Case #: 2023 CA 0860, Categories: Jurisdiction
J. Greene finds that the trial court properly calculated the father's child support obligation and that the mother is owed additional attorney fees for this appeal. The father did not show that the evidence relied upon for the calculation was incomplete, and there was sufficient evidence to support the findings regarding the parties' incomes. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 23, 2024, Case #: 2023CU1050, Categories: Evidence, Family Law, Attorney Fees
J. Greene finds that defendant was properly found guilty of second degree murder and given a life sentence for the shooting death of a victim at a community center where a party was taking place. The witness testimony, cell phone records and other evidence was sufficient to identify defendant as the perpetrator. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 23, 2024, Case #: 2023KA0781, Categories: Evidence, Murder, Identification
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Greene finds that the trial court properly ruled in favor of the property owners in their suit against the city over damages resulting from its failure to maintain a public drainage servitude. The owners' claim for compensation was not prescribed based on the cited statute, which did not apply. Also, there was no error in the damages award. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 21, 2024, Case #: 2023CA0219, Categories: Property, Tort, Damages
J. Greene finds that the trial court properly denied the attorney additional fees from his former client who did not fully pay a note for a contingency fee debt and then filed for bankruptcy protection. The note did not obligate the former client to pay the additional fees that the attorney incurred in the bankruptcy case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 8, 2024, Case #: 2023CA0694, Categories: Bankruptcy, Attorney Fees, Contract
J. Greene finds that defendant was improperly convicted of aggravated crime against nature of a victim under the age of thirteen, and there should be a new trial. In this case, defendant was charged with aggravated crime against nature of a victim under the age of eighteen, and the bill of information did not allege the date of birth for the victim. As a result, defendant "was not fairly informed of the charge against him" and the potential sentence he faced. Also, the jury's verdict was "nonresponsive to the charged offense" and thus invalid. Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: January 11, 2024, Case #: 2023KA0597, Categories: Jury, Sex Offender
J. Greene finds that the trial court properly dismissed the store patron's slip and fall suit over injuries that allegedly resulted from a crack in the pavement. Based on its small size and location in the sidewalk, the crack did not constitute an "unreasonably dangerous condition." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: December 27, 2023, Case #: 2023CA0527, Categories: Civil Procedure, Tort
J. Greene sets aside defendant's conviction for possession of methadone, the habitual offender adjudication and sentence. Defendant should have been allowed the opportunity to withdraw his guilty plea, since the state "unilaterally changed the terms of the plea agreement after the plea had been entered." Vacated.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: November 9, 2023, Case #: 2023KA0163, Categories: Drug Offender, Plea
J. Greene finds that the lower court improperly dismissed the motorist's injury claims against the state department of transportation over a crash at a highway-railroad crossing. Based on the evidence, there are genuine issues of material fact as to whether the department "had custody of the railroad pavement markings and lights." Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: November 3, 2023, Case #: 2023CA0457, Categories: Civil Procedure, Tort
[Consolidated.] J. Greene finds that the Board of Tax Appeals properly denied the Louisiana Department of Revenue's exception of no right of action on a department store's claim that it overpaid taxes to the Department on sales tax amounts on "bad debt" unpaid credit card accounts. In this case, the department store "paid" the tax on the bad debt to the Department of Revenue. However, the department store does not meet all requirements for a refund claim under the Bad Debt Refund Statute and Bad Debt Refund Regulation because the unpaid account balances were due to the bank, not to the department store. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: November 3, 2023, Case #: 2023 CA 0184, Categories: Tax, Agency, Contract
J. Greene finds that defendant was properly resentenced to 40 years imprisonment at hard labor, with 25 of those years being without benefit of parole, probation, or suspension of sentence, on his conviction for sexual battery on a victim under the age of thirteen years. In this case, the sentence was justified based on the circumstances of the crime. The victim was defendant's daughter, who was subjected to the abuse beginning when she was five or six years old and lasting for a period of five years. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: November 3, 2023, Case #: 2023 KA 0431, Categories: Sentencing, Sex Offender
J. Greene finds that defendant was properly convicted and sentenced for the aggravated rape of his girlfriend's daughter. Defendant's challenges regarding two prospective jurors were correctly denied since the evidence showed "their willingness and ability to be fair and unbiased and to render an impartial verdict." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: October 6, 2023, Case #: 2022KA0328, Categories: Evidence, Jury
J. Greene finds that the lower court improperly granted a preliminary injunction stopping the state from enforcing criminal laws restricting abortion. "There is nothing in the record to suggest that the parties agreed to try the merits of the constitutionality issue at the hearing on the preliminary injunction." Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: August 16, 2023, Case #: 2022CA1042, Categories: Government, Health Care, Injunction
J. Greene finds that the trial court properly dismissed the pedestrian's suit against the hospital service district over injuries from a fall in a driveway near the hospital entrance. The pedestrian did not establish that the condition of the driveway was "unreasonably dangerous." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: August 1, 2023, Case #: 2022CA1118, Categories: Tort
J. Greene finds that the trial court improperly sided with the restaurant owner in a suit brought by two patrons who allegedly got sick from eating fried oysters. The owner's excerpts from purported medical records are not admissible for summary judgment purposes, so the evidence does not resolve the issue regarding the identity of the restaurant where the patrons allegedly became sick. Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: July 10, 2023, Case #: 2022CA1130, Categories: Civil Procedure, Evidence, Negligence