1,036 results for 'court:"Louisiana Court Of Appeal"'.
J. Thierry finds that defendant was properly convicted and sentenced to 35 years at hard labor for manslaughter for shooting a man sitting on his bicycle. Defendant claims that the state did not prove that he did not reasonably believe that he was in imminent danger when he shot the man, but the state presented evidence that not only did the man not have a gun at the time of the shooting, but defendant made attempts to destroy evidence of the crime, indicating a guilty conscience that does not comply with a claim of self-defense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: May 15, 2024, Case #: KA-23-508, Categories: Self Defense, Manslaughter
J. Wilson finds that the trial court correctly found in favor of the children, who claim that their father's wife breached her fiduciary duties by unfairly changing his will to make her sole income and principal beneficiary of all assets belonging to the trust. The children presented medical evidence that their father's dementia left him vulnerable to undue influence, all witnesses confirmed that the father had a history of providing for his children, the original trust document left his children and grandchildren assets but the amended document left it all to his wife, and the testimony of the wife and her daughter contradicting the other evidence lacked credibility. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: May 15, 2024, Case #: CA-23-773, Categories: Trusts, Wills / Probate, Fiduciary Duty
J. Chase finds that the trial court should not have granted exceptions of prescription to a real estate company on a property buyer's claim that defendants continuously failed to record the Act of Cash Sale and transfer clear title of the property because the real estate agent's continuous failure to deliver clear title constitutes a continuing tort. Further, the buyer's claims against the notaries are perempted because the buyer failed to file his petition for damages within the requisite three-year peremptive period. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase , Filed On: May 13, 2024, Case #: 2024-CA-0018, Categories: Real Estate, Contract
J. Johnson vacates the judgment of eviction since the tenant was deprived of a fair trial because the trial court did not swear-in the landlord's property manager and relied on her statements during trial. Further, the trial court called a security guard witness on behalf of the landlord over the tenant's objection. Vacated.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 13, 2024, Case #: 2023-CA-0782, Categories: Civil Procedure, Landlord Tenant
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J. Brown finds that the trial court properly denied a medical provider's peremptory exceptions of no right of action and prescription related to the deceased patient's father's survival and wrongful death claims stemming from medical malpractice. The father is the proper party to assert survival and wrongful death claims because the record shows that the decedent and the mother of his alleged son were not married at the time of the son's birth. Therefore, the alleged son was not entitled to the presumption that he was the decedent's biological child and was required to take affirmative steps to establish paternity within one year of the decedent's death. Further, the father's filing of the complaint with the medical review panel less than a year after the decedent’s death interrupted prescription as to the filing of those claims with the district court. The father then filed his petition for damages within 90 days of the issuance of the medical review panel opinion.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 13, 2024, Case #: 2024-C-0207, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
J. Love finds that the trial court should not have denied a public university's motion for summary judgment on a professor's claim for unpaid wages because the university is not a proper defendant, and it may be sued through the proper defendant, which is its Board. However, the university administrators do not have immunity because there are genuine issues of material fact that they acted fraudulently, intentionally, or willfully to misrepresent to the professor that his base salary would remain at $145,000. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 13, 2024, Case #: 2023-CA-0798, Categories: Employment, Contract
J. Jenkins finds that the trial court properly found the city 90 percent at fault, and a construction company ten percent at fault, for the wrongful demotion of a property. After the city issued a notice of emergency demolition of the property and contracted with the construction company for demolition, it instructed the construction company to put the property on a "Do Not Demolish" list. However, the city's demolition coordinator and deputy director of code enforcement kept separate “Do Not Demolish” lists, and the deputy director of code enforcement failed to inform the construction company that the property should not be demolished after being texted that the construction company was at the property. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 10, 2024, Case #: 2023-CA-0659, Categories: Property, Contract
J. Love finds that the trial court properly determined that borrowers defaulted on a note with the bank. The bank produced the original note and mortgage with the borrowers and showed the borrowers' payment history being past due. Further, the borrowers do not show that the bank used deceptive tactics in order to obtain judgment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 10, 2024, Case #: 2023-CA-0706, Categories: Evidence, Banking / Lending
J. Johnson finds that the trial court should not have granted defendant's motion to suppress evidence related to possession of drugs. In this case, the police officers had reasonable suspicion to stop defendant based on his suspicious behavior of attempting to hide from officers, with a bulge in his waistband, while at a parade. Further, the officers were not required to determine whether defendant had a concealed permit for his gun because concealed firearms are not permitted on a parade route. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 10, 2024, Case #: 2024-K-0158, Categories: Drug Offender, Firearms, Search
J. Penzato finds that the workers' compensation judge properly granted summary judgment in favor of the festival company in a jouster's claim for benefits for injuries sustained while performing at a renaissance festival when he was knocked off his horse. The jouster was exempted from workers' compensation coverage since he was "rendering services pursuant to a performance contract." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: May 9, 2024, Case #: 2023CA1003, Categories: Employment, Contract, Workers' Compensation
J. Fitzgerald finds that the trial court properly found in favor of the homeowners against the construction company for installing defective roof panels, which created shadowing from an irregular corrugation pattern and gave their home a striped, zebra-like look. The construction company claims that the trial court erred when it did not determine whether the alleged defect rendered the entire thing useless or if the defect just diminished the usefulness and value of the thing, but the applicable law did not require the trial court to make such a determination to render its judgment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Fitzgerald, Filed On: May 8, 2024, Case #: CA-23-668, Categories: Construction, Contract
J. Pickett finds that the trial court properly denied the individual's request for the issuance of a write of mandamus ordering the court clerk for the Fifteenth Judicial District Court to produce records per the Public Records Law regarding his criminal prosecution for aggravated rape. The individual claims that the trial court erred when it did not require the court clerk to product documents showing that nine of the 11 grand jurors on the grand jury panel specifically voted to indict him, but the individual already exhausted his appellate remedies and can only file for post-conviction relief, which he did not do. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: May 8, 2024, Case #: CA-24-3, Categories: Public Record
J. Perry dismisses the state's appeal of the trial court's decision to grant defendant's application for post-conviction relief related to his conviction of murder in 1995. The state asked for an extension and had until Apr. 10, 2024 to file a response, but the state did not do so until Apr. 18, 2024. A ruling on a post-conviction relief application is not appealable, but the state may still file an application for supervisory writs within 30 days of this decision.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: May 8, 2024, Case #: KA-24-44, Categories: Criminal Procedure, Murder
J. Johnson finds that defendant was properly convicted of first degree rape of a juvenile under the age of 13. The victim testified that defendant, his mother's ex-boyfriend, sexually abused him when he was seven or eight years old, and that the abuse occurred when his mother was at work. Further, defendant did not challenge the state's intent to call a nurse as an expert to specifically address the issues of “general child sexual abuse, specifically addressing issues of delayed disclosure and the affect sexual abuse may have on children concerning delayed and partial disclosure." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 8, 2024, Case #: 23-KA-375, Categories: Evidence, Sex Offender, Experts
[Consolidated.] J. Herman finds that the trial court should not have denied a truck driver's motion to continue trial after he claimed that the car driver concealed telephone calls with “an indicted conspirator in over 50 staged accidents.” In this case, the possibility of fraud being perpetrated on the judicial system constitutes good cause for a continuance. The record shows that the car driver placed or received approximately 30 calls to and from the indicted conspirator on the day of the accident, both before and after the collision. Vacated.
Court: Louisiana Court Of Appeal, Judge: Herman , Filed On: May 8, 2024, Case #: 2023-CA-0480, Categories: Evidence, Negligence
J. Marcel finds that defendant was properly convicted of eight counts of simple burglary of an inhabited dwelling, theft, and aggravated flight from an officer. In this case, there was testimony from an accomplice that he committed the burglaries with defendant. Further, items from two of the burgled homes were found in defendant's home. Also, there was surveillance footage that connected a truck stolen by defendant to several of the burglaries. Multiple witnesses testified that defendant drove at excessive speeds while disregarding stop signs as he fled from an officer with his lights activated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: May 8, 2024, Case #: 22-KA-373, Categories: Burglary, Evidence, Theft
[Consolidated.] J. Ervin-Knott finds that the trial court properly found for the medical provider on a patient's claim that his mental disorder was misdiagnosed, and he was overprescribed Adderall. In this case, the medical provider admitted the medical review panel's unanimous opinion that the medical provider did not breach the applicable standard of care. Further, the patient admitted that he did not retain an expert to support his case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: May 8, 2024, Case #: 2024-CA-0010, Categories: Evidence, Medical Malpractice
J. Stone finds that the trial court properly dismissed a claim of the patient, who appeared individually and on behalf of the class of plaintiffs he seeks to represent. The patient alleged that he was “unlawfully” billed for medical services by a hospital. In this case, the patient's claim is untimely under the Balance Billing Act because more than one year has passed since the hospital asserted and collected on the medical lien. Further, the record shows that the patient made an explicit agreement to assign both his health insurance benefits and his tort recovery to the hospital in the event that his bill was not paid in full upon discharge. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: May 8, 2024, Case #: 55,525-CA, Categories: Medical Malpractice, Class Action
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
[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