1,046 results for 'court:"Louisiana Court Of Appeal"'.
J. Perret finds that the trial court improperly dismissed the homeowners' claims alleging that the pest control company did not treat the homeowners' property multiple times, leading to a Formosan termite infestation. The trial court erred in dismissing this case as abandoned, because there is evidence to suggest that the homeowners' counsel sent an email about several deficiencies they were concerned about regarding the pest control company's discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: May 8, 2024, Case #: CA-23-772, Categories: Property, Discovery, Contract
J. Wicker finds that the trial court should not have found for the defendant driver in this car collision action because the trial court admitted the defendant driver's out-of-court statements that she had the green light. The plaintiff driver's undisputed testimony stated that he had the green light and did not see the defendant driver's car when he entered the intersection, which supports that the accident was solely caused by the defendant driver. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 8, 2024, Case #: 23-CA-298, Categories: Evidence, Negligence
J. Jenkins finds that the trial court properly found an ex-husband in contempt for not following the parties’ community property settlement agreement and did not err in awarding the ex-wife $39,000 from the husband’s retirement account, per the parties’ community property settlement. In this case, the man was aware he was required to leave $198,000 in the account as the amount due to his former wife. Therefore, his withdrawals were in violation of the settlement agreement and constitute contempt of court. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 7, 2024, Case #: 2023-CA-0566, Categories: Contempt, Family Law, Contract
J. Johnson finds that the New Orleans Civil Service Commission properly held the Department of Public Works in criminal contempt for not paying attorney fees to a worker after it failed to comply with the Commission’s order to reinstate the worker to her job as parking administrator. The commission has exclusive jurisdiction over employment-related disputes between civil service employers and employees. Further, under the state constitution, the commission has the authority to award attorney fees as an equitable relief. However, the Department of Public Works director should not have been fined because she was not acting in her personal capacity when she failed to comply with the Commission’s order to pay the attorney fees judgments. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 7, 2024, Case #: 2023-CA-0641, Categories: Contempt, Attorney Fees
J. Lobrano finds that the city court properly awarded damages to a shopper who suffered a slip and fall in a market. The market had constructive notice of the green pepper that the shopper slipped on because the video evidence shows that the pepper fell from another shopper’s basket and remained on the floor for over 15 minutes. The video also shows an employee looking at her smart watch and not being busy with customers directly before the fall happened. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: May 7, 2024, Case #: 2023-CA-0587, Categories: Evidence, Negligence
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[Consolidated.] J. Atkins finds that the trial court properly denied a mother's motion to relocate from Louisiana to Florida. In this case, the mother does not show that relocation was in the children's best interest because she provided no support for her claims that Jacksonville would be better for the parties' daughters and did not provide any evidence about how the daughters felt about the move. Further, the trial court properly found the mother in contempt for failing to bring the children for a visit from Jacksonville to New Orleans during Mardi Gras. The mother alleged that she could not bring them for financial reasons but also contended that the move to Jacksonville was beneficial due to her increased salary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: May 3, 2024, Case #: 2023-CA-0463, Categories: Evidence, Family Law
J. Love finds that the trial court improperly determined that a victim did not show that she was harassed by her neighbor. In this case, the victim testified that the neighbor repeatedly removed landscaping boards from the front of her property where she was attempting to plant trees and cursed at her during an altercation. Further, there was video evidence showing the neighbor taking the boards from the victim's property to a trash pile, and the neighbor admitted to talking to the victim on the day of the altercation. Reversed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 2, 2024, Case #: 2023-CA-0742, Categories: Evidence, Property
J. Ledet vacates the district court's granting of defendant's application for post-conviction relief related to his guilty pleas to possession of a firearm by a convicted felon, possession of methamphetamine with intent to distribute, possession of heroin with intent to distribute, and armed robbery with a firearm. Even if defendant's attorneys gave him the wrong information concerning his sentencing exposure, defendant did not show that he would have not pled guilty under a favorable plea agreement and gone to trial on the multiple charges, where he would have been exposed to enhanced sentences based on his prior drug charges. Vacated.
Court: Louisiana Court Of Appeal, Judge: Ledet , Filed On: May 2, 2024, Case #: 2024-K-0164, Categories: Ineffective Assistance, Plea
J. Marcel finds that a public works bid was properly awarded to a construction company for the school board's project. In this case, the check included by the construction company with its bid submission is a cashier’s check and was submitted both electronically as part of its bid and physically delivered to the school board. A cashier's check is a check drawn by a bank upon itself and is considered accepted by the bank upon issuance. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel , Filed On: May 1, 2024, Case #: 24-C-183, Categories: Construction, Contract
J. Gremillion finds that the trial court improperly found that the Calcasieu Parish Police Jury (CPPJ) was not at fault for a tree falling on a truck and killing the passenger. Dr. Frederick Fellner, an urban forester, submitted an affidavit and deposition that raises a genuine issue of material fact as to whether the CPPJ should have identified the tree as a hazard to the motoring public and thus taken remedial action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: May 1, 2024, Case #: CA-23-579, Categories: Negligence, Experts, Wrongful Death
J. Savoie finds that the lower court improperly terminated the father's parental rights over his child. There is no case plan in the record and the caseworker testified that she never met with the father. Furthermore, it appears the father was never ordered to pay child support so his rights cannot be terminated for failing to pay support. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: May 1, 2024, Case #: JAC-24-46, Categories: Family Law
J. Wicker finds that the trial court properly dismissed a plaintiff's driver's claim against the defendant driver in a three car collision. In this case, the defendant driver testified that he was hit from behind by a third driver and that the impact caused his car to hit the plaintiff driver's car. The police report indicated minimum damage to the front of the defendant driver's car, supporting that he was pushed into plaintiff's car, and the photographic evidence shows a strong impact between the third driver's car and the defendant driver's car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 1, 2024, Case #: 23-CA-489, Categories: Evidence, Tort, Negligence
J. Windhorst finds that the trial court properly found for the parish on a pedestrian's claim that he fell into an improperly maintained manhole up to his hips. The parish did not have constructive knowledge about the dangerous condition of the manhole because three days after the incident, a parish employee inspected the manhole and found nothing unusual about it. Also, the parish had no prior work orders for the manhole cover, and there was no history of injuries involving the manhole cover. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: May 1, 2024, Case #: 23-CA-498, Categories: Evidence, Negligence
J. Herman finds that the trial court should not have found for an apartment complex on the decedent's family's wrongful death action after the decedent was shot while visiting the apartment of a friend. In this case, there is a genuine issue of material fact as to whether the shooting of decedent was foreseeable and as to whether the apartment complex had a duty to provide security to its guests. The family made statements regarding the prior incidents of crime on the property and the lack of security measures implemented by the apartment complex. Reversed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: May 1, 2024, Case #: 2023-CA-0588, Categories: Evidence, Wrongful Death
J. Gremillion finds that the chemical company may be liable for a tree on its property falling on a truck and killing the passenger. The company asserts that the tree failed because of brown rot in its trunk that it could not have reasonably discovered. However, the family sufficiently alleges that a lightning strike caused the brown rot and that the missing crown, flat top, unbalanced canopy, precarious lien, lightning scar and gap between the roots and the ground all should have been clear signs that something was wrong.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: May 1, 2024, Case #: CW-23-379, Categories: Negligence, Wrongful Death
J. Kyzar finds that the lower court improperly granted the parental rights of the child from the parents to the paternal grandparents. The parents fulfilled every requirement of their case plan, completed parenting classes, learned how to property tube feed the child and attended her medical appointments. Family reunification was the goal until the caseworker deemed that the child had a trauma response to seeing her parents without personally observing such a reaction. Reversed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: May 1, 2024, Case #: JAC-23-768, Categories: Family Law
J. Penzato finds that the trial court improperly denied a motion to annul an order dismissing a contract dispute involving the sale of a property. The record does not show that the buyer was served notice of the hearing for the motion to dismiss. Reversed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: April 30, 2024, Case #: 2023CA0911, Categories: Property, Contract
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. 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. Ervin-Knott finds that the trial court should not have found for a hotel on a guest's negligence action after he was injured in a robbery in the hotel parking area. Although the hotel presented evidence to show that there was no prior criminal activity in the parking area, there is a genuine issue of material fact regarding the foreseeability of criminal activity. In this case, the location, nature, and condition of the hotel were not taken into account. This court has repeatedly found that a lack of prior criminal acts at a certain place does not automatically render a crime unforeseeable. Further, the guest testified to New Orleans' high crime rate at the time of the incident, and the lack of a manager or hotel workers in the lobby at the time of the robbery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: April 25, 2024, Case #: 2023-CA-0731, Categories: Evidence, Negligence
J. Love finds that defendant was properly convicted of attempted manslaughter, simple kidnapping of a minor, and obstruction of justice arising from a second degree murder investigation. There was evidence presented that defendant smothered and choked the eight-year-old victim multiple times. Although, defendant eventually released the victim, it does not clear him of his guilt for attempted manslaughter. Further, even though the jury found defendant not guilty by reason of insanity for the shooting death of his grandmother, the evidence shows that the shooting occurred after he placed the eight-year-old victim in a car with instructions to be taken out of the state, and the two incidents did not occur within “a few seconds” of each other as defendant claims. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: April 25, 2024, Case #: 2023-KA-0584, Categories: Evidence, Manslaughter
[Consolidated.] J. Atkins finds that the trial court should not have found for a tax sale purchaser of a property on its petition to annul judgment rendered in favor of the original owner's exception of no right of action on the purchaser's petition to confirm title. In this case, the purchaser claimed that the owner clandestinely changed the address of its property after the tax sale purchase and failed to inform the trial court, which constituted fraud or ill practices. A determination of the intent behind the owner's failure to inform the trial court that it changed its property address hinges on questions of credibility and is a question of fact which is inappropriate for summary judgment. Reversed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: April 25, 2024, Case #: 2023-CA-0707, Categories: Property, Contract
J. Wilson finds that defendant was properly convicted and sentenced to life without parole for the murder of a 17-year-old in a drive-by shooting after the teenager allegedly shorted a purchase of Xanax by a group of defendant's friends. Defendant asserts that the state did not prove his guilt beyond a reasonable doubt regarding his specific intent, but the state presented witnesses that placed defendant and his friends in the drive-by shooting, and his testimony shows he felt provoked to kill or help to kill the teenager in retaliation for the failed drug buy. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: April 24, 2024, Case #: KA-23-414, Categories: Evidence, Intent, Murder
J. Molaison finds that the trial court properly found for a supply company on a worker's negligence claim that a shifting pipe fell on his foot during a
hydro pressure test at the pump station. The worker alleged that the supply company was responsible for ordering necessary “Star Pipe connections” but did not allege a product defect, only that the construction used incorrect parts. The supply company's undisputed role consisted of identifying parts for the project at issue from the project designer and did not supervise or install the pipe. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: April 24, 2024, Case #: 23-CA-424, Categories: Construction, Negligence, Contract
J. Johnson finds that defendant was properly sentenced to 30 years imprisonment on his conviction for possession of pornography involving juveniles under the age of 13. In this case, defendant was found in possession of over 800 photographs of children. Further, the sentence was not the maximum allowed, defendant did not show remorse for his actions, and he had a previous conviction of a sexual offense toward his daughter. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: April 24, 2024, Case #: 23-KA-427, Categories: Sentencing, Sex Offender
J. Schlegel finds that the trial court properly found for a medical provider on a patient's medical malpractice claim. In this case, the patient did not present expert testimony on the issue of causation on his allegation that nursing staff failed to provide prompt treatment for an infection in his
left leg, resulting in the amputation of his left leg above his knee. The patient has a complicated medical history, including years of drug addiction, and expert testimony would have to be required to show that the medical provider's deviation from the standard of care led to his amputation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 24, 2024, Case #: 23-CA-452, Categories: Experts, Medical Malpractice