16 results for 'judge:"Lobrano"'.
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. Lobrano finds that the district court should not have dismissed a class of tenants' claims against resident management corporations arising out of mold exposure in public housing developments. In this case, the resident management corporations were obligated to the tenants as third party beneficiaries under the Resident Management Agreements to maintain their apartments in a safe living condition, including a mold-free environment. Under Williams, the tenants were not only incidental beneficiaries of the agreements entered into between the Housing Authority and the resident management corporations, but were also third party beneficiaries of the agreements. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano , Filed On: March 21, 2024, Case #: 2023-CA-0214, Categories: Class Action, Contract
[Consolidated.] J. Lobrano finds that the juvenile court properly denied parents' motion to order the Department of Children and Family Service to change the placement of their son from his foster parents to their chosen relatives. In this case, the foster parents have adopted the son's siblings, and, according to his case worker, the son is thriving in his placement. Further, the juvenile court does not have the authority to order the placement of the son with the parents' choice of relatives. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: February 23, 2024, Case #: 2023-CA-0744, Categories: Evidence, Family Law, Juvenile Law
J. Lobrano finds that the trial court should not have granted defendant's motion to suppress identification. Defendant did not show that the victim’s out of court identification was suggestive and that there was a likelihood of misidentification as a result of the identification procedure. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: January 22, 2024, Case #: 2024-K-0024, Categories: Evidence, Identification
J. Lobrano finds that the trial court properly granted a neighbor's exception of acquisitive prescription and fixed the boundary line along the disputed fence between the property owner and the neighbor. There was testimony from the parties' predecessors that the wooden fence did not move, and that when a fence was replaced, the same holes from the posts were used. Further, a postal worker testified that he recalled the fence being in the same position from 1982. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano , Filed On: December 20, 2023, Case #: 2023-CA-0332, Categories: Evidence, Property
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J. Lobrano finds that the trial court should not have granted the sewer and water board's exception of no cause of action in an inverse condemnation action related to property owners' mandamus petition seeking payment for a judgment related to claims that the board damaged their properties during the Southeast Louisiana Urban Drainage Project. In this case, payment of a judgment awarding just compensation for inverse condemnation, like a judgment awarding just compensation for expropriation, is a ministerial duty. Therefore, the property owners have stated a cause of action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: December 13, 2023, Case #: 2023-CA-0293, Categories: Civil Procedure, Property
J. Lobrano finds that this court does not have jurisdiction to hear a neighbor's appeal of the dismissal of his review of a judgment granting exception of prescription on the neighbor's property encroachment claim. In this case, the neighbor did not seek review during either the 30-day delay for filing a suspensive appeal or the 60-day delay for filing a devolutive appeal.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: December 11, 2023, Case #: 2023-CA-0115, Categories: Property, Jurisdiction
J. Lobrano finds that the trial court should not have granted defendant's motion to suppress evidence of firearms. There was a warrant issued for the search of defendant's vehicle and residence for the seizure of "firearms" after defendant allegedly waived a gun at another driver during a road rage incident. In the affidavit, the victim described the gun used in the assault as being silver in color, and there was no evidence that the issuing magistrate was not neutral. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano , Filed On: December 8, 2023, Case #: 2023-K-0730, Categories: Evidence, Firearms, Search
J. Lobrano finds that the trial court properly denied a homeowner's request for permanent injunction to stop seizure and sheriff’s sale of his property. In this case, the bank filed a petition for executory process asking for an order of seizure and sale of the property and presented evidence of the original note, affixed with blank indorsement, and a certified copy of the mortgage. Therefore, the bank complied with the procedures to foreclose by executory process. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: November 7, 2023, Case #: 2023-CA-0245, Categories: Property, Contract
J. Lobrano finds that the Office of Workers' Compensation properly dismissed a professor's claim against the university arising out of a slip and fall injury. In this case, the professor did not testify that he injured his neck or shoulders when he fell, only that he suffered a chemical burn on his face from the formaldehyde that he slipped on. The professor did not introduce any medical records or bills to support his claim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: October 4, 2023, Case #: 2023-CA-0053, Categories: Evidence, Tort, Workers' Compensation
J. Lobrano finds that defendant was properly convicted of sexual battery and attempted third degree rape. In this case, one of the victims pointed to defendant in court after she identified him by his first name as the perpetrator of the attempted rape. Further, the concurrent sentences imposed fall within the statutory guidelines, and, while defendant's ten-year sentence for attempted third degree rape was at the upper end of the sentencing range, defendant's crime will have a lifetime effect on the victim. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: August 30, 2023, Case #: 2023-KA-0048, Categories: Sentencing, Sex Offender
J. Lobrano finds that the trial court improperly granted defendant's motion to quash charges in an indictment for murder and obstruction of justice in a murder investigation. Reindictment on the charges after the jury was dismissed pursuant to a mistrial did not put defendant in double jeopardy. Defendant cannot show that the dismissal in the earlier case operates as an acquittal. Dismissal did not terminate jeopardy that had attached when the jury in the earlier trial was sworn in. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: June 6, 2023, Case #: 2023-KA-0066, Categories: Murder, Double Jeopardy
J. Lobrano finds that the district court properly granted a nursing home's exception of prematurity to claims related to the deceased patient's family's allegations concerning failure to render medical treatment after the decedent's fall. Those claims fall within medical malpractice, and a medical review panel has yet to review those claims. However, this court is unable to determine whether the decedent's fall occurred within the course of medical treatment or if it sounds in negligence. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: May 31, 2023, Case #: 2022-CA-0800, Categories: Civil Procedure, Negligence, Medical Malpractice
J. Lobrano finds that the district court properly granted the Housing Authority's exception of no right of action and dismissed a Housing Authority police officer's claims related to his termination. The officer's claim that his rights under the Police Officer’s Bill of Rights were violated for the Housing Authority not notifying him of the minimum standards guaranteed a police officer during an investigation does not state a claim because, under Smith, the officer does not have a right of action under the Police Officer’s Bill of Rights. Further, the officer does not have a right of action to raise classified civil service claims under statute. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: May 26, 2023, Case #: 2022-CA-0729, Categories: Employment, Contract