23 results for 'judge:"McClendon"'.
J. McClendon finds that defendant was properly convicted of sexual battery of an eighty-three-year-old victim at her home. The still photos from the surveillance camera system at the home sent by the victim's granddaughter were properly authenticated by a deputy and accurately showed what the camera system captured on the day of the incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: April 19, 2024, Case #: 2023KA0801, Categories: Evidence, Battery
J. McClendon finds that defendant was properly found guilty of attempted second degree murder and second degree battery stemming from an attack on two workers for the Lafourche Parish Water District. Based on the evidence, the jury could have "rationally concluded" that defendant did not prove he was insane at the time he committed the offenses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: February 21, 2024, Case #: 2023KA0699, Categories: Competence, Murder, Battery
J. McClendon finds that the ethics board properly found the state agency employee violated the ethics code and assessed penalties against her for receiving "a thing of economic value" from a prohibited source. The evidence shows the employee violated the prohibited gift statute because her husband worked for a company that contracted with her agency. As a result, the employee received one-half of her husband's salary based on the community property regime created by their marriage. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: January 26, 2024, Case #: 2023CA0321, Categories: Administrative Law, Government, Agency
J. McClendon finds that the trial court properly ruled against the librarian in a defamation suit alleging she was targeted after a library board meeting by other attendees who falsely represented on social media that she promoted pornography and erotic material to children. The librarian's appeal of the judgment granting the attendees' motions to strike was untimely, and she did not challenge the judgment as to attorney fees and costs. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: January 26, 2024, Case #: 2023CA0654, Categories: Civil Procedure, Defamation
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J. McClendon finds that the trial court properly dismissed the claims of an amusement park patron who allegedly sustained injuries while riding a roller coaster when the safety restraint hit her in the jaw and knocked her out. The patron failed to raise a genuine issue of material fact as to the cause-in-fact element of her negligence claim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: December 29, 2023, Case #: 2023CA0675, Categories: Civil Procedure, Negligence
[Consolidated.] J. McClendon vacates the judgment of the trial court that granted a preliminary injunction to the parish recreation and park commission, which sought to stop the sheriff from diverting ad valorem tax to the public retirement systems. The case implicates the interests of the retirement systems, which should be joined as parties for the "just adjudication of the controversy." Vacated.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: December 27, 2023, Case #: 2023CA0316, Categories: Government, Tax, Injunction
J. McClendon finds that the trial court properly found a law firm to be liable to a client for damages caused by legal malpractice regarding the handling of a discrimination and retaliation suit. The client attested that she was notified her employment was being terminated on January 31, 2017, that she retained the law firm to represent her at that time, and that the law firm did not initiate suit until August 14, 2018, with her claims being dismissed with prejudice on the basis of prescription. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: November 3, 2023, Case #: 2023 CA 0281, Categories: Evidence, Legal Malpractice
J. McClendon finds that the trial court should not have dismissed the Audubon Society's petition for a writ of mandamus that sought to have the parish planning commission adopt a new master plan and related future land use map. In this case, the parish council passed an ordinance allowing any person claiming to be aggrieved by a decision of the planning commission to appeal to the parish council. Reversed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: November 3, 2023, Case #: 2023 CA 0195, Categories: Civil Procedure, Contract
J. McClendon finds that the trial court properly found for a veterinary clinic in dismissing a patron's trip and fall claim. In this case, the patron fell down an elevated porch that did not have a railing on the right side of the porch where he fell, although the left side had a railing. The patron testified that he had been to the clinic at least once a year over a twenty-year period and that he did not have a problem with the stairs before. Further, based on the testimony, a reasonable person would have found the lack of a railing on the porch open and obvious and would have avoided that particular area of the porch when exiting the building. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: November 3, 2023, Case #: 2023 CA 0133, Categories: Evidence, Negligence
J. McClendon finds that the trial court partly erred in finding the mother in contempt in a family law case. For instance, the circumstances do not support the findings as to the mother's alleged refusal to share medical information about the child's therapy. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: October 31, 2023, Case #: 2022CA1326, Categories: Contempt, Family Law
J. McClendon finds that the ex-husband was owed more than the $5,000 awarded as reimbursement because the trial court erred in determining that only $10,000 in community funds were used to repair the ex-wife's separate property. Since $15,866 was expended, the ex-husband is owed $7,933. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: September 15, 2023, Case #: 2023CA0060, Categories: Family Law, Property
J. McClendon finds that the trial court properly ruled in favor of the landowner and its insurer on an individual's injury claims over an incident where he was allegedly "clothes-lined" by a wire he crashed into while riding a four-wheeler. The individual did not show the landowner had "actual or constructive notice of the sagging wire" before the incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: July 27, 2023, Case #: 2022CA1310, Categories: Property, Tort
[Consolidated.] J. McClendon finds that the trial court erred in ruling that the language in the decedent's will was sufficient to terminate the lease agreement and revoke the third-party stipulation in favor of the daughter. The case is remanded to determine the amount of third-party benefits in the form of rental payments that are owed to the daughter. Reversed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: July 5, 2023, Case #: 2022CA0863, Categories: Landlord Tenant, Wills / Probate, Contract
J. McClendon upholds the Civil Service Commission's dismissal of a worker's appeal of her termination. Contrary to the worker's claim, she was a probationary, rather than permanent, employee at the time of the termination. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: June 20, 2023, Case #: 2023CA0049, Categories: Employment
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