15 results for 'judge:"Belsome"'.
J. Belsome finds that the trial court should not have dismissed the property owner from a worker's claim related to injuries sustained when he suffered an electric shock and fell during his work on a construction site. In this case, there is a genuine issue of material fact that the property owner did not follow its own internal safety manual when it retained operational control of all electrical work and did not retain an electrical contractor to supervise all electrical work or to provide its own personnel. Reversed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: May 15, 2024, Case #: 2023-CA-0749, Categories: Construction, Tort, Contract
J. Belsome finds that the trial court properly found for a marina owner on his fraud and Unfair Trade Practices Act claims against the credit card processor after the processor could not wirelessly integrate all of the marina's sales with its inventory and accounting system. The marina owner was properly awarded treble damages because the processor took steps to hide the identity of the contracting party, arranged to have his credit card devices placed on the gas pumps without a request or authorization by the marina owner, and misrepresented the credit card system he could deliver. Further, the processor refused to refund the marina owner's money, did not contact the marina owner, and engaged in months of evading service of process. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: May 15, 2024, Case #: 2023-CA-0660, Categories: Fraud, Business Practices, Contract
J. Belsome find that the trial court properly upheld the Vieux Carre’ Commission’s denial of a property owner’s proposal to modify its building in the French Quarter. In this case, the commission’s recommendation was based on preserving the “tout ensemble” of the historic property with its original architectural features. The commission’s guidelines require “the stoop or stairs be retained at each historic door entrance even if no longer in use.” Since the commission decided to preserve the distinctive character of the French Quarter, the denial of the permit to modify the building is reasonable and not arbitrary. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: April 15, 2024, Case #: 2023-CA-0613, Categories: Property, Zoning
[Consolidated.] J. Belsome finds that the trial court should not have denied a patent owner's motion for contempt against the patent manufacturer. In this case, there are differing expert opinions as to whether the parties' consent judgment and the licensing agreement was clear regarding the military procurement technology terminology, and regarding the ability of a third party to create the patented device reliably from the drawings provided by the patent manufacturer. Reversed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: February 26, 2024, Case #: 2023-CA-0554, Categories: Contempt, Patent, Contract
[Consolidated.] J. Belsome finds that the trial court should not have quashed the bill of indictment issued against defendant for the charges of armed robbery with a firearm and attempted second degree murder. Defendant, who was 17 years old when the crimes were allegedly committed, was originally charged in the juvenile court when the state filed the bill of indictment in criminal district court. Under statute, jurisdiction of the crimes was properly divested from juvenile court. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: February 5, 2024, Case #: 2023-KA-0585, Categories: Juvenile Law, Jurisdiction
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J. Belsome finds that the trial court properly found for a condominium association on its action to recover common condominium expenses from a mortgagee of four condominium units. In this case, the mortgagee possessed and employed the right to use the property, inspected its properties as an owner would during tenants’ occupancy, and leased and re-leased the units. Therefore, the mortgagee exercised all three elements of ownership. Further, the mortgagee was enriched by the expenses paid by the association. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome , Filed On: December 13, 2023, Case #: 2023-CA-0077, Categories: Property, Contract
J. Belsome finds that the juvenile court properly adjudicated a juvenile delinquent for being a minor in possession of a handgun. The officer was justified in stopping the juvenile because he noticed the juvenile walking and holding his waistband, a bulge in his hoodie pocket, and that he was intently observing the police car. Therefore, there was reasonable suspicion to stop the juvenile. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: December 7, 2023, Case #: 2023-CA-0629, Categories: Firearms, Juvenile Law, Search
J. Belsome finds that the trial court properly granted a bank's exception of res judicata on a church's claim that the bank improperly seized and sold property that was mortgaged as security after defaulting on a loan from the bank. In this case, the parties were involved in a previous executory proceeding for the property subjected to the notes and a bankruptcy proceeding where the bank specifically reserved its right to seize and sell the property at a foreclosure sale if the church did not meet its revised commitment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: December 7, 2023, Case #: 2023-CA-0417, Categories: Property, Banking / Lending
J. Belsome finds that the trial court properly determined that a car accident was the cause of the plaintiff driver's shoulder injury. The driver testified that she did not have any problems with her shoulder before the accident. Although ten months passed before she recognized that the pain was separate from the pain caused by her neck injury, the driver and her treating physicians argued that the neck injury was so severe and painful that it “masked” the shoulder injury. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: November 21, 2023, Case #: 2023-CA-0413, Categories: Evidence, Negligence
J. Belsome finds that the trial court should not have granted a notary's exception of peremption on a wife's claim that the notary improperly authenticated her signature on a document requesting a lump sum payment of retirement benefits payable to her husband. The wife's pleadings sufficiently allege that notarizing a document for an absent signatory constitutes fraud. Reversed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: November 16, 2023, Case #: 2023-CA-0161, Categories: Fraud, Contract
J. Belsome finds that the trial court properly quashed a defendant driver's employer's subpoena duces tecum to the plaintiff driver's employer for documents that seek information beyond plaintiff driver's medical injuries. Under jurisprudence, a subpoena duces tecum request must be "limited to information that is relevant or necessary to the case before the court." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: November 13, 2023, Case #: 2023-CA-0294, Categories: Evidence, Discovery
J. Belsome finds that the trial court properly granted past and future medical costs and pain and suffering damages to a daughter arising out of alleged sexual abuse by her father. Although touching genitals or buttocks “over the clothes” was not defined as “abuse” in the sexual abuse statute at the time the abuse occurred, a similar case determined, "the fact that defendant touched the victims through their clothes is not a defense to the crime of sexual battery." Further, the trial court properly based its award on the evidence and testimony. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: October 24, 2023, Case #: 2023-CA-0051, Categories: Civil Procedure, Damages
J. Belsome finds that a juvenile was properly adjudicated delinquent for armed robbery, unauthorized use of a motor vehicle, and illegal possession of a firearm by a juvenile. In this case, a police officer identified a key fob recovered off of the juvenile's person that activated the stolen vehicle. Further, the vehicle had been reported stolen in a carjacking, and the police officer identified the juvenile as walking away from the stolen car and wearing a jacket that had a gun concealed in it. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: October 5, 2023, Case #: 2023-CA-0412, Categories: Evidence, Juvenile Law
J. Belsome finds that the trial court should not have granted defendants' petition for post-conviction relief. Defendants failed to show that they received ineffective assistance requiring reversals of their convictions for attempted first degree murder and attempted manslaughter in a gunfight with the police. Defendants do not show that a witness' speculative testimony that he saw the police open fire first would have changed the outcome of the trial based on the testimony of numerous officers present at the shooting, who unequivocally testified that defendants opened
fire first. Reversed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: June 23, 2023, Case #: 2023-K-0252, Categories: Evidence, Murder
J. Belsome finds that the trial court properly granted a father's motions for contempt, attorney fees, costs and motions to make past due child support executory against the mother. In this case, the parties entered into a consent judgment for the mother to pay 46% of their children's tuition. The mother admitted that she did not respond to the father's requests for reimbursement for the tuition. Further, the mother was properly determined to be in contempt based on her breach of the consent agreement for not reimbursing that father for her share of the minor child’s medical expenses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: June 14, 2023, Case #: 2022-CA-0801, Categories: Family Law, Contract