169 results for 'filedAt:"2024-03-13"'.
J. Pipkin finds that the trial court improperly ruled in favor of the company on a specific performance claim against the development authority in an action arising from the authority's alleged breach of a property purchase and sale agreement. The company failed to present evidence of the property's value. However, the trial court correctly ruled in favor of the company on the authority's breach of contract and litigation expenses counterclaims. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: March 13, 2024, Case #: A23A1332, Categories: Real Estate, Contract
J. Robinson finds that defendant was properly convicted of attempted indecent behavior with juveniles. The victim, defendant's girlfriend's daughter, testified that defendant was wearing boxers when he got into her bed, spooned her, and pressed his penis on her buttocks. There was also evidence that defendant slapped the victim's buttocks and sniffed her buttocks while she was sleeping. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: March 13, 2024, Case #: 55,466-KA, Categories: Evidence, Sex Offender
J. Chase finds that the trial court should not have granted the peremptory exception of no cause of action filed by a contractor on a fire suppression company's action for payment for work performed on the construction project. In this case, the fire suppression company alleged that it timely and satisfactorily completed its obligations under the contract and was not paid. Further, the fire suppression company timely filed a lien and timely mailed notice of the lien to the contractor. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 13, 2024, Case #: 2024-C-0066, Categories: Construction, Contract
[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-162, Categories: Family Law, Wrongful Death
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[Consolidated.] J. Molaison finds that the trial court properly denied an adopted daughter's wrongful death action on behalf of her biological father against the manufacturer of a powered wheelchair and homeowner after the wheelchair caught on fire in the home. In this case, the adopted daughter unequivocally testified she was adopted by another man when she was a minor, and therefore had no right to assert a survival and wrongful death action on her biological father as a result of his death. Further, under Rismiller, Louisiana Civil Code articles 2315.1, 2315.1 and 199 do not unconstitutionally deprive children given in adoption of a right of action, as "[a] rational basis exists for limiting the categories of eligible claimants in La. C.C. arts. 2315.1 and 2315.2 to those who ‘are likely to be most affected by the death of the deceased.’" Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 13, 2024, Case #: 23-CA-163, Categories: Family Law, Wrongful Death
J. Marcel finds that the trial court properly dismissed a customer's slip and fall action over an incident in a market. The video surveillance footage shows two tall yellow warning cones placed close to the center of the aisle next to the frozen food cooler where the fall took place. Further, the patron can be seen maneuvering his shopping cart around the cones immediately before the fall. Therefore, the market took reasonable precautions to warn patrons of the potentially hazardous wet floor. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: March 13, 2024, Case #: 23-CA-227, Categories: Evidence, Negligence
[Consolidated.] J. Dishman transfers these two consolidated real estate cases to the Northern District of Texas, Wichita Falls division, due to improper venue. The court notes that transfer "will promote judicial efficiency," as opposed to dismissal.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 13, 2024, Case #: 5:24cv110, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Real Estate, Venue
J. Miskel finds that the lower court properly denied the appellant company's dismissal motion in this personal injury lawsuit stemming from an industrial accident, in which the appellee was allegedly injured while performing repair work at a recycling plant. The company sought dismissal based on a failure to file a certificate of merit pursuant to chapter 150, but the lower court did not abuse its discretion with the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 13, 2024, Case #: 05-23-00219-CV, Categories: Civil Procedure, Tort, Negligence
J. Dorsey denies an injured Brazilian tourist's motion to set aside a judgment entered against him. The tourist and his wife were struck by a Hertz vehicle driven by another customer. The tourist's estimation the car return area's design contributed to the crash overstates the alleged misconduct. He has not shown he could not have discovered the experts’ misrepresentations through pretrial diligence or that these errors merit the drastic remedy sought.
Court: USDC Nevada, Judge: Dorsey , Filed On: March 13, 2024, Case #: 2:18cv1522, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Corporations, Vehicle, Negligence
J. Penzato finds the lower court properly found in favor of Hope Holdings in this matter concerning property ownership. Two companies contend they own the same two pieces of real estate. The lower court found that one company established that they were the rightful owner of the real estate despite the other company possessing the land prior to trial. The instant court finds no error with the lower court’s findings. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: March 13, 2024, Case #: 2023CA0922, Categories: Property, Real Estate
J. Perry finds the lower court properly granted a protective order to a wife after a hearing concerning allegations of domestic abuse and threatening behavior by the husband after the parties had separated. The instant court finds the lower court did not abuse its discretion in granting the order, and the husband’s due process rights were not violated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: March 13, 2024, Case #: 23-560, Categories: Due Process, Restraining Order
J. Yarbrough finds that the lower court properly entered a take-nothing judgment against the appellant in this lawsuit alleging that an insurance company wrongfully drafted his bank account following the expiration of a hospital policy. The appellant sought a refund of the insurance premiums, and he testified that the policy was meant to be for two years only. However, he failed to revoke the authorization for the withdrawals in writing, and he "incorrectly interpreted the two-year termination provision which applied only to authorization for release of medical records." Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: March 13, 2024, Case #: 07-23-00248-CV, Categories: Civil Procedure, Health Care, Insurance
J. Gremillion finds the lower court improperly accepted defendant’s guilty plea. Defendant pleaded guilty via an Alford plea, and was convicted of raping his step-daughter for which he received a sentence of 20 years hard labor without the possibility of probation, parole or suspension of sentence. On appeal, defendant argues there was insufficient evidence to support his guilty plea so the lower court should never have accepted it. The instant court agrees the lower court failed to find sufficient factual basis for accepting defendant’s plea, and remands the matter for an evidentiary hearing to determine if there is sufficient evidence to support the guilty plea and to determine if it was knowingly and voluntarily given.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: March 13, 2024, Case #: 23-681, Categories: Evidence, Sex Offender, Due Process
J. Friedrich grants, in part, Black Lives Matter's motion to amend its action against Trump pertaining to police officers’ use of force to clear Lafayette Square. The group has not acted in bad faith, nor has there been undue delay.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: March 13, 2024, Case #: 1:20cv1469, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights