21 results for 'judge:"Love"'.
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. 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. Love finds that the trial court properly granted defendant's motion to suppress evidence seized. The state does not show that the concealed gun evidence would have been discovered "inevitably or by an independent source." Further, the mere concealment of a firearm is not an offense subject to an arrest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: April 16, 2024, Case #: 2024-K-0169, Categories: Evidence, Firearms, Miranda
J. Love vacates the trial court's confirmation of a default judgment against the alleged personal guarantor of a debtor under a lease finance agreement. In this case, the creditor did not attach the personal guarantee. However, the creditor complied with the certification requirements and attached the necessary documentation to establish the debtor's amount owed. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: March 6, 2024, Case #: 2023-CA-0658, Categories: Civil Procedure, Debt Collection
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J. Love finds that defendant was properly convicted of second degree murder and being a felon in possession of a firearm. A deceased witness made a statement to police that defendant admitted to killing the victim. Further, the deceased witness' statement was admissible under statute because the cell phone text evidence established that her unavailability, as a result of her homicide, resulted from defendant's wrongdoing. Also, in this case, it is undisputed that the victim was killed by a gun, and the deceased witness stated that she observed defendant with a "big gun." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: February 8, 2024, Case #: 2023-KA-0520, Categories: Evidence, Murder
J. Love finds that the trial court should not have denied a former building owner's motion for partial summary judgment on the new tenants' claims that they were exposed to toxic barrels stored in the building. In this case, the new tenants did not show that the former owner actively engaged in conduct showing a “wanton or reckless disregard for the public safety in the storage, handling, or transportation of hazardous or toxic substances” under the relevant statute. The former owner's ownership of the toxic barrels does not constitute "conduct" to entitle the tenants to punitive
damages. Reversed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: January 30, 2024, Case #: 2023-C-0796, Categories: Civil Procedure, Damages, Contract
J. Love finds that the trial court properly dismissed a woman's action seeking repayment for money loaned to her former romantic partner for a vacation and for renovation work on the partner's house. In this case, more than three years elapsed since the loans were made. Therefore, the partner's exception of prescription was properly granted. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: January 17, 2024, Case #: 2023-CA-0526, Categories: Civil Procedure, Evidence, Contract
J. Love finds that the trial court properly granted a mother's motion to transfer the parties' custody dispute to the Texas Family Court. In this case, the mother and the child have relocated to Houston, and the majority of the potential witnesses live in Houston. Further, the father has a flexible work schedule and could travel to Texas more easily than the mother could travel to Louisiana. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: January 10, 2024, Case #: 2023-CA-0664, Categories: Family Law, Jurisdiction
J. Love finds that the district court properly denied defendant's post-conviction relief on the basis of ineffective assistance to set aside convictions for multiple offenses resulting from guilty pleas. Defendant's application is untimely because his conviction became final in 2019, and he did not file his application for post-conviction relief until 2023. Further, defendant does not show that he is entitled to an extension of the prescriptive period. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: December 11, 2023, Case #: 2023-K-0736, Categories: Ineffective Assistance, Plea
J. Love finds that the trial court properly found a new garbage service provider in contempt for not complying with discovery orders stemming from a suit filed by the original garbage service provider after a city switched garbage service. The new service provider did not provide email information requested between itself and the city. The new service provider admitted that it did not turn over any of the 69,000 non-privileged responsive documents found by the court appointed IT expert and that it did not file a motion to set a status conference for the trial court to settle the alleged dispute regarding extracting the responsive documents. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: December 8, 2023, Case #: 2023-CA-0128, Categories: Contempt, Discovery
J. Love finds that the trial court properly determined that a father defaulted on paying promissory notes to settle a child support debt. In this case, the father does not contest the validity of the notes or that he failed to make the installment payments. The father also does not show that the notes prohibit the mother from making demand on the notes based on a failure to pay. Further, the father's request to continue the summary judgment hearing was properly denied because additional discovery would not have changed the result of the case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: November 29, 2023, Case #: 2023-CA-0349, Categories: Debt Collection, Evidence, Family Law
J. Love finds that the trial court properly found for an elevator maintenance company on a trip and fall claimant's allegation that her injuries were caused by un-levelling issues with the elevator. In this case, the company met its duty of care in the performance of its services under its contract with the parking garage where the trip and fall occurred. There was no evidence to show that the company's monthly maintenance fell below the duty of care owed. Further, there was no evidence presented that the company knew or should have known of any alleged misleveling defect with the elevator. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: November 17, 2023, Case #: 2023-CA-0076, Categories: Negligence, Contract
J. Love vacates the granting of the decedent's wife's motion to quash subpoena duces tecum filed by the decedent's children to obtain the settlement and accompanying documents related to the decedent's action for injuries sustained as a result of being exposed to asbestos. The children are entitled to bring survival and wrongful death claims under statute. Further, the trial court did not review the settlement documents prior to granting the motion to quash. Vacated.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: November 13, 2023, Case #: 2023-C-0637, Categories: Discovery, Asbestos
J. Love finds that the trial court properly found for an elevator maintenance company on a trip and fall claimant's action that she fell due to the elevator being uneven with the floor. In this case, the evidence shows that the elevator maintenance company performed adequate monthly maintenance on the elevator and had no notice of the leveling problems with the elevator before or after the accident. Therefore, the elevator maintenance did not breach its duty of care. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: November 2, 2023, Case #: 2023-CA-0076, Categories: Evidence, Negligence
J. Love finds that the trial court properly granted the Port of New Orleans' exception of prematurity and dismissed a group's petition to stop the construction of an international shipping container project. In this case, no construction work has begun on the project, and the project has not undergone the permitting process to receive authorization to begin construction. Further, the trial court clearly stated that the group must exhaust all necessary administrative remedies until the project receives authority from the necessary administrative agencies. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: October 26, 2023, Case #: 2023-CA-0323, Categories: Civil Procedure, Construction, Environment
J. Love finds that the trial court properly denied lenders' motion for summary judgment on their claim for repayment of promissory notes by a business. There is a genuine issue on whether the business is obligated to pay the notes. The business presented evidence that the monetary amount of the notes was never received or that it was converted into equity. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: October 4, 2023, Case #: 2023-CA-0119, Categories: Banking / Lending, Contract
J. Love finds that an insured's appeal of the judgments finding for the insurer on the insured's petition for loss of fair rental value of property damaged by Hurricanes Zeta and Ida should be dismissed because the judgments were not final and appealable. Under statute, "denial of a motion for new trial is not subject to designation as a final judgment."
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: September 14, 2023, Case #: 2023-CA-0198, Categories: Civil Procedure, Insurance, Jurisdiction
J. Love finds that the mortgagee has an independent right to recover attorney fees and costs against the property's insurer for the failure to timely pay a property damage loss. Under May, a mortgagee with a standard mortgage clause is an additional insured and is entitled to recover attorney fees under statute. In this case, the policy’s mortgageholder clause is a standard mortgage clause and states that "the mortgageholder will still have the right to receive loss payment" if a claim is denied. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: June 27, 2023, Case #: 2023-C-0342, Categories: Insurance, Contract
J. Love finds that the district court did not observe the 24 hour delay to impose sentencing required by La. C.Cr.P. art. 873 after the denial of defendant's motion for a new trial. In this case, defendant did not expressly waive the time delay and challenged the excessiveness of his sentences. Therefore, defendant's sentences are vacated. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: June 15, 2023, Case #: 2022-KA-0817, Categories: Criminal Procedure, Sentencing