1,046 results for 'court:"Louisiana Court Of Appeal"'.
J. Stephens finds that the trial court properly determined that a property had been acquired by plaintiff through ten-year good faith acquisitive prescription. In this case, the predecessor lived on the property, and it was reasonable for her to believe that her parents owned the property in 1972 when they conveyed it to her and her husband since the public records show her parents acquired the property by recorded deed from the husband of the owner, and the parents assumed a mortgage on the property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,475-CA, Categories: Evidence, Property
J. Stephens finds that the trial court should not have denied a bank's motion for partial summary judgment in its action to collect on a deficiency
judgment from a commercial guarantor for the principal debtor. Although the guarantor cannot recall signing his name executing the guaranty, his attempted evasion acknowledges his signing the document. Further, a comparison of the guarantor's alleged signature on the commercial guaranty to the signatures on his affidavit and notification of termination "appear to be the same." Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,533-CW, Categories: Banking / Lending, Contract
J. Stephens finds that the trial court should not have increased the husband's spousal support obligation. In this case, the original $400 per month spousal support award, in conjunction with the wife's means of support in operating her own cleaning business, is enough to meet her “maintenance” expenses. Further, the husband's increase in hourly income is not a change in circumstances justifying an increase in spousal support. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,501-CA, Categories: Evidence, Family Law
J. Cox finds that the trial court should not have granted a temporary restraining order to prevent the defendant pipeline operator from constructing a
perpendicular pipeline under plaintiff's pipeline. The plaintiff's servitude did not state that it could prohibit underground crossings. A crossing pipeline that meets applicable spacing, depth separation limits, and other protective requirements is not certain to damage, destroy, injure, or interfere with plaintiff's pipeline. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: April 10, 2024, Case #: 55,534-CA, Categories: Energy, Restraining Order, Contract
J. Cox finds that the worker's compensation court should not have determined that a hospital security guard was permanently disabled and unable to engage in any employment after being involved in altercation with a patient and suffering from PTSD after the patient spit in his face and told him he was HIV positive. There was expert opinion that there is a potential for the guard to eventually engage in employment, and that medication has improved the guard's anger issues. Further, the evidence shows that the guard has cared for his disabled brother for five years, has volunteered with the public, and has cut his neighbor’s lawn at times. Therefore, the record does not reflect the permanency of his condition or the inability to return to the workforce in some capacity. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: April 10, 2024, Case #: 55,490-WCA, Categories: Evidence, Workers' Compensation
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J. Windhorst finds that the trial court properly annulled and set aside an act of donation of property. The donor was properly determined to be destitute at the time of the donation because the donor testified that he did not own any other property and that his only job was “working on cars.” Therefore, the donation was annulled under the theory of donation of the donor's entire patrimony without reserving enough for his subsistence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: April 10, 2024, Case #: 23-CA-329, Categories: Evidence, Property
J. Windhorst finds that the trial court properly denied defendant's application for post-conviction relief alleging ineffective assistance for not raising the issue of defendant's competency. In this case, defendant did not present any medical records or the victim’s affidavit to show mental incapacity either before or during trial. Further, defendant does not show that his counsel denied him the right to testify. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst , Filed On: April 10, 2024, Case #: 24-KH-11, Categories: Ineffective Assistance
J. Anderson finds that defendant was properly convicted of the second degree murders of his ex-girlfriend and her friend. In this case, there was testimony from witnesses that the girlfriend's dying declaration indicated defendant shot her. Also, the phone records show many missed calls from defendant to the girlfriend before the shooting after he saw her earlier in the day, and the accident reconstruction expert testified as to the matching up of the damage to defendant's car with that of the victims' car. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,550-KA, Categories: Evidence, Murder
J. Stone finds that defendant was properly convicted of possession of marijuana, possession of a firearm by a convicted felon, and illegal carrying of weapons while in possession of a controlled dangerous substance. In this case, the police properly stopped defendant as he was walking into a gas station convenience store because the officers observed him with an assault rifle in his pant leg. Further, there were recent robberies in the area and a concern that defendant was committing a robbery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: April 10, 2024, Case #: 55,581-KA, Categories: Drug Offender, Firearms, Search
J. Pitman finds that the trial court properly released defendant, who was charged with murder, without bail because La. C. Cr. P. art. 701 relieves a defendant from his bail obligation on the running of the time period for speedy trial. However, defendant's right to a speedy trial was not violated because there is no time limitation on a murder charge, and, in this case, the length of the delay did not prejudice defendant since there was a detainer in Mississippi requiring his transfer to serve an outstanding sentence. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: April 10, 2024, Case #: 55,609-KA, Categories: Criminal Procedure, Murder, Speedy Trial
J. Hunter finds that the trial court properly granted a motion to compel an independent medical examination filed by the Patient’s Compensation Fund related to a patient's medical malpractice suit against the medical providers for not timely diagnosing her with spinal cord compression. The patient does not show that the Patient Compensation Fund is trying to deprive the patient of her entitlement to future medical care and related benefits or deny her access to the courts. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter , Filed On: April 10, 2024, Case #: 55,471-CW, Categories: Evidence, Medical Malpractice
J. Thompson finds that defendant was properly resentenced to the same maximum sentences on each of his five counts related to drug and gun convictions. The sentences are within the statutory range, and the record shows that defendant had a long and continued history of criminal activity and convictions spanning over 30 years. Further, defendant was arrested for the charges he is currently appealing while he was already on parole. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson , Filed On: April 10, 2024, Case #: 55,592-KA, Categories: Drug Offender, Firearms, Sentencing
J. Thompson finds that defendant should not have been convicted of illegal possession of a stolen firearm. In this case, the state did not show that the gun was stolen because the jury was not provided with the name of the person who owned the gun, the date/location when stolen, the name of the investigating officer, or the name of the officer who entered the gun as stolen. Further, there was no information on the report of the gun being stolen. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Thompson , Filed On: April 10, 2024, Case #: 55,444-KA, Categories: Evidence, Firearms
J. Cox finds that defendant was properly convicted of attempted simple robbery. In this case, eyewitness bank tellers testified that the person who attempted to rob the bank in a wig and mask was overweight, matching defendant's body type description. Further, defendant's car matched the car that the robber fled in, and officers discovered strands of yellow synthetic hair that came from a wig, as well as a burgundy hat, face mask, jeans, and a shirt in the car that matched the description provided by both eyewitnesses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: April 10, 2024, Case #: 55,591-KA, Categories: Evidence, Robbery
J. Pitman finds that the district court properly found for a client on his legal malpractice action against his lawyer. In the client's affidavit, he detailed the negligent representation by the lawyer during their attorney-client relationship lasting from 1991 until 2017. Further, the lawyer admitted to the acts of legal malpractice and the losses caused by it. However, the damages awarded should be vacated because the amount owed to the client cannot be determined from the supporting documents to the motion for summary judgment. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: April 10, 2024, Case #: 55,607-CA, Categories: Evidence, Damages, Legal Malpractice
J. Pitman finds that the trial court should not have denied a property owner's petition to annul a judgment related to the seizure of its property to satisfy a judgment for damages caused by a tree falling on a driver's car. In this case, the property owner was not properly on notice because the curator attempted service of process by certified mail at two addresses, which were both returned. However, the curator did not perform a search of the tax assessor’s records or the conveyance and mortgage records, which could have provided the curator with the owner’s name and address. Reversed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: April 10, 2024, Case #: 55,515-CA, Categories: Civil Procedure, Property
J. Robinson finds that defendant was properly convicted of first degree robbery. The record shows no nonfrivolous errors regarding the conviction, and the evidence against defendant is overwhelming. Further, the trial court properly denied defendant's Batson challenge since the state asserted race-neutral reasons for the peremptory strikes of the black jurors. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: April 10, 2024, Case #: 55,582-KA, Categories: Criminal Procedure, Jury, Robbery
J. Thompson finds that the jury properly awarded $3 million in exemplary damages to a driver after she was injured in a collision with the dislodged wheel from a drunk driver's car. In this case, the drunk driver's blood alcohol content was four times the legal limit, and the record shows that he repeatedly failed to disclose the truth of his consumption of alcohol that day and often changed his story to his family and coworkers regarding the circumstances surrounding the accident. Also, the record shows that the drunk driver's conduct of driving while intoxicated was not an isolated incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: April 10, 2024, Case #: 55,599-CA, Categories: Evidence, Tort, Damages
J. Chase finds that the trial court properly held an attorney in contempt of court while representing a client in an eviction proceeding. The attorney began to complain about the trial court’s denial of her request for a continuance, claiming it afforded more leniency to the landlord while not providing her the same. After the judge admonished the attorney several times, the attorney's behavior became so disruptive that it required the trial court to pause the business of the court. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: April 9, 2024, Case #: 2023-CA-0783, Categories: Contempt, Evidence
J. Atkins finds that the Civil Service Commission properly determined that a sewerage board employee was never made a permanent employee. In this case, the employee never met the minimum qualifications for the Utility Human Resources Administrator position. The employee's transfer to transient status was effective and occurred prior to the end of his working test period. The transfer to transient status was actually designed to benefit the employee by allowing him to stay in his position, and the transfer and gave him an additional year and a half in his position and extra time to try to obtain professional certification. Since the employee never finished his working test period to become a permanent employee, he had no right to a general disciplinary appeal. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: April 5, 2024, Case #: 2023-CA-0531, Categories: Employment, Contract
J. Ledet finds that the trial court should not have denied an employee's exception of no cause of action on a claimant's allegation that she was injured by the employee. In this case, the claimant is judicially estopped from recovering damages because she filed a voluntary petition for Chapter 13 bankruptcy in the United States Bankruptcy Court and did not disclose any pending or potential lawsuits, including the instant matter. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 4, 2024, Case #: 2024-C-0126, Categories: Bankruptcy, Civil Procedure
J. Stiles finds that the trial court properly found that the accused driver did not cause the alleged injuries and damages of the plaintiff driver who sued over an auto accident. The record supports the jury's rejection of the plaintiff driver's claim that the subject accident caused her injuries as opposed to her prior accident from a few days earlier. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: CA-23-700, Categories: Negligence
J. Schlegel finds that the trial court properly determined that a decedent's daughter should receive full ownership of a property because the plain and unambiguous language of the decedent's will provides that the daughter "shall" receive full ownership of the property without any condition regarding the value of the home. However, the trial court should not have awarded each legatee a one-third interest in the decedent’s mud boat because the will left all hunting equipment to the son. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 3, 2024, Case #: 23-CA-310, Categories: Wills / Probate, Contract
J. Molaison finds that the school board properly awarded a “Sales Tax Collection Services/Hotel Motel Tax Collection Services” contract to a third party and not the plaintiff accounting firm. In this case, the school board was required to comply with the parameters set by "Request For Qualification" process, and the service contract at issue is not subject to the public bid laws. Further, all of the applicants were specifically advised in
advance that there would be no reimbursement for the costs of preparing a proposal. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: April 3, 2024, Case #: 23-CA-397, Categories: Tax, Contract
J. Jenkins vacates the judgment ordering that a father shall no longer communicate with his children's school because that judgment is not a custody judgment but is a permanent injunction. In this case, a trial on the permanent injunction never took place. Further, the trial court failed to implement the correct procedures at an earlier hearing by not holding a full trial on the merits before ruling on a principal dispute. Vacated.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: April 3, 2024, Case #: 2023-CA-0502, Categories: Civil Procedure, Family Law, Injunction
J. Ortego finds that the workers' compensation judge improperly denied the employer's motion for summary judgment as to an oilfield surveyor's claim after he allegedly contracted Covid-19 on the job. The surveyor did not give evidence that his contracting of Covid-19 "was the result of the particular nature of the work performed." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 3, 2024, Case #: WCW-23-454, Categories: Employment, Workers' Compensation
J. Perry finds that defendant was properly convicted of murder and possession of a firearm by a convicted felon stemming from the shooting death of a victim who was a paraplegic. Defendant's threatening actions towards the victim before the shooting and other evidence was sufficient to refute his claim that the homicide was justified. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: April 3, 2024, Case #: KA-23-554, Categories: Firearms, Murder, Self Defense