1,046 results for 'court:"Louisiana Court Of Appeal"'.
J. Chehardy finds that the trial court should not have enforced the husband's motion to enforce the settlement agreement related to the parties' partition of community property. In this case, there is no settlement document outlining the obligations of the parties or their acquiescence to its terms, and the exchange of text messages and emails between counsel did not create an enforceable settlement agreement between the parties. Further, the wife should not have been sanctioned for refusing to sign the settlement agreement. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-CA-471, Categories: Property, Settlements, Contract
J. Chehardy finds that the trial court properly awarded $614,000 in damages for an accident where a patron fell off of a store's toilet and injured her back. In this case, there was evidence to support the jury's determination that the accident at the store resulted in the patron's two fusion surgeries. Further, the jury’s award for special damages directly reflects the totality of medical expenses that the patron incurred. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-CA-487, Categories: Damages, Premises Liability
J. Savoie finds that the trial court improperly denied the hospital's dilatory exception of prematurity filing, which argues that the patient's lawsuit falls under the Louisiana Medical Malpractice Act (LMMA), and thus a medical review panel must review it first. The trial court relied on inapplicable precedent when making its ruling, the patient's allegations require expert medical testimony about the hospital's standard of care, and the hospital performing the assessment of the patient as one at high risk of fall is within the scope of its licensed activities, which all fall under the LMMA. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 24, 2024, Case #: CA-23-434, Categories: Experts, Medical Malpractice
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J. Bradberry finds that the trial court improperly denied the contractor's motion for a preliminary injunction against the construction company in their dispute about the arbitration clause in their contract. There are several indicators that the contract and the construction company did not fully finalize the disputed subcontract, and the trial court wrongfully held that the contractor's estimator had the authority to bind the contractor to the subcontract. Reversed.
Court: Louisiana Court Of Appeal, Judge: Bradberry, Filed On: April 24, 2024, Case #: CA-23-557, Categories: Arbitration, Contract, Injunction
J. Ortego finds that defendant was properly convicted for carjacking and adjudicated as a fourth habitual offender, resulting in a life sentence of hard labor without parole. There was plenty of evidence that defendant attacked the carjacking victim unprovoked, thus there was "violence" and all of the elements of the crime were established beyond a reasonable doubt. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 24, 2024, Case #: KA-23-736, Categories: Robbery, Vehicle, Jury Instructions
J. Molaison finds that defendant was properly convicted of armed robbery and the misdemeanor battery of a police officer. The record shows that defendant was properly advised of the ramifications of his guilty pleas, and there are no non-frivolous issues regarding defendant's convictions. Further, on his Boykin form and during sentencing, defendant acknowledged that his sentence for armed robbery “is without benefit of parole, probation, or suspension of sentence.” Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: April 24, 2024, Case #: 23-KA-401, Categories: Robbery, Battery, Plea
J. Chehardy finds that defendant was properly convicted of possession of a firearm while in possession of marijuana. In this case, defendant acknowledged ownership of the car, the gun found underneath the driver’s seat, and the marijuana. The state was not required to establish a nexus between defendant’s simultaneous possession of the gun and drugs. Also, both the gun and drugs were within defendant’s reach and were in defendant’s control at the time of the stop. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-KA-446, Categories: Drug Offender, Firearms
J. Marcel vacates the trial court's granting of costs to the plaintiff driver in a car collision action. In this case, the defendant driver made an offer of $75,000 that the plaintiff driver did not accept, and the plaintiff driver obtained a final judgment of $12,500, which is at least twenty-five percent less than the amount offered. Statute compensates the rejected offeror who is forced to incur greater trial litigation costs that could have been avoided if the offeree had not acted unreasonably in rejecting the offer. However, the amount of those costs remains within the broad discretion of the trial
court. Vacated.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: April 24, 2024, Case #: 23-CA-488, Categories: Attorney Fees, Contract
J. Thierry finds that the trial court improperly granted the landowners a preliminary mandatory injunction against the mineral lessee regarding their dispute over a right-of-way agreement for the property. The Louisiana Supreme Court ruled that a preliminary mandatory injunction is not an available form of relief in the state, and neither the landowners nor the mineral lessee stipulated to consolidate the preliminary injunction hearing and the permanent injunction hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: April 24, 2024, Case #: CA-23-326, Categories: Property, Injunction
J. Ortego finds that the trial court improperly awarded the plantation $440,500 in attorney fees for its property dispute with the district. The award is moot because the expropriation of the plantation's and others' properties are not less than what the district's levee board offered them, which violates applicable law. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 24, 2024, Case #: CA-23-83, Categories: Attorney Fees
J. Stone finds that the trial court should not have recused a judge in this divorce case based on the husband's claim of impartiality. There was no evidence that the judge was “biased, prejudiced, or interested in the cause” of this matter. Reversed and vacated.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: April 24, 2024, Case #: 55,605-CA, Categories: Evidence, Family Law
J. Robinson finds that the trial court should not have granted a partial finding for the plaintiff driver on the issue of causation of injury. The evidence presented did not show that the plaintiff driver was in good health prior to the accident and was insufficient to show that no genuine issue of material fact existed as to whether the accident caused the injury. Reversed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: April 24, 2024, Case #: 55,211-CA, Categories: Evidence, Negligence
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. Ledet finds that the trial court properly dismissed a borrower's reconventional demand against the lender on the lender's petition for executory process to foreclose on the mortgage loan. In this case, the borrower did not provide a written agreement to base her claims that the mortgage servicer advised her not to take action as the fraud investigation was ongoing. Further, the borrower did not properly state a cause of action under the Louisiana Unfair Trade Practices Act because the Act exempts federally insured financial institutions, their subsidiaries, and their affiliates from its jurisdiction. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 23, 2024, Case #: 2023-CA-0747, Categories: Banking / Lending, Contract
J. Lobrano finds that the juvenile court should not have dismissed the state’s delinquency petition against a juvenile for not timely commencing the adjudication hearing. In this case, the failure of the juvenile to appear at the adjudication hearing was beyond the state’s control because the delay was caused by the failure of the detention facility to comply with the writs to present the juvenile in court for trial. Further, the state communicated with the detention facility before trial to confirm receipt of service of the writ of habeas corpus issued by the state. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: April 22, 2024, Case #: 2024-CA-0031, Categories: Criminal Procedure, Juvenile Law, Speedy Trial
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. Welch finds that defendant was properly convicted of molestation of a juvenile, sexual battery and other charges relating to incidents involving his stepdaughter. The testimony of the victim and defendant's statement to police was sufficient evidence that he committed the offenses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023KA0993, Categories: Evidence, Sex Offender
J. Brown finds that the district court properly determined that a gas supplier breached its industrial gas supply contract with a chemical manufacturer and properly awarded $88 million in lost profits. The manufacturer's counsel maintained that he could prove to the jury that the damages claim for lost profits and cover damages were valued at $100 million, and the district court used the proper model for calculating damages. Further, the manufacturer shows that there were lost sales due to the breach of contract based on testimony and evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: April 19, 2024, Case #: 2022-CA-0777, Categories: Energy, Damages, Contract
J. Welch finds that the trial court improperly granted the estate executor's motion for involuntary dismissal of the decedent's son's opposition to probate a 2020 notarial testament. It was legal error for the trial court to put the initial burden of proof on the decedent's son instead of the executor, so the case is remanded for a new hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023CA0861, Categories: Fraud, Wills / Probate
J. Hester vacates defendant's habitual offender adjudications and sentences after being found guilty on counts of firearm possession and obstruction of justice. Defendant's prior convictions for aggravated battery and aggravated criminal damage to property should not have been used "as both a predicate to the instant firearm offenses and a prior conviction for purposes of enhancing those same offenses under the habitual offender law." Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: April 19, 2024, Case #: 2023KA1082, Categories: Firearms, Sentencing
J. Welch finds that the lower court improperly denied and dismissed the adult child of the decedent’s petition to probate a notarial testament filed by another party. Legal errors by the lower court “skewed the fact-finding process.” Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023 CA 0861, Categories: Wills / Probate
J. Hester finds that the lower court improperly found a dog owner strictly liable for any damages caused by her dog in an incident in which it attacked a man and his two dogs. The affidavits of the plaintiffs alone did not establish that they did not provoke the attacking dog. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: April 19, 2024, Case #: 2023 CA 0611, Categories: Damages
J. Hester finds that the trial court improperly granted partial summary judgment that the dog owner was strictly liable relating to an alleged "unprovoked attack by her dog" on the plaintiff dog owner and his Boston Terriers. There is a genuine issue of material fact as to whether the terrier owner's damages resulted from his provocation of the other dog. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: April 19, 2024, Case #: 2023CA0611, Categories: Civil Procedure, Negligence