1,048 results for 'court:"Louisiana Court Of Appeal"'.
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
[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
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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
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. 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
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
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. 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. 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. 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. 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