10 results for 'judge:"Perret"'.
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. Perret finds that the trial court improperly granted third-party defendants' exception of no right of action as to an exploration company's third-party demands in a suit seeking remediation for alleged property damages caused by oil and gas activities. The exploration company established it has a right of action for contribution against the third-party defendants. Reversed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: March 27, 2024, Case #: CA-23-526, Categories: Energy, Property, Indemnification
J. Perret finds that the trial court properly ruled in favor of Wells Fargo and dismissed the borrowers' reconventional demand for not complying with a discovery order. The borrowers' motion for the judge's recusal was untimely and did not identify any grounds for recusal. Also, the borrowers' failure to comply with the discovery order was willful, so dismissal was warranted. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: February 7, 2024, Case #: CA-23-463, Categories: Civil Procedure, Discovery, Banking / Lending
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J. Perret finds that defendant was improperly sentenced for armed robbery and attempted first degree murder and given "illegally lenient sentences" for those convictions. The evidence does not show that defendant "is so exceptional as to justify a departure from the minimum mandated sentences" under the habitual offender statute. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: January 31, 2024, Case #: KA-23-460, Categories: Murder, Robbery, Sentencing
J. Perret finds that the trial court properly denied the factoring company's motion for judgment notwithstanding the verdict after it was awarded no damages in its suit over unpaid invoices. There was no error in the jury instructions since they were "adequate and did not mislead the jurors in any way from reaching a verdict based on the law and facts." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: November 15, 2023, Case #: CA-23-101, Categories: Civil Procedure, Jury, Contract
J. Perret finds, in this en banc opinion, that the trial court properly disqualified the individual as a candidate for election to the Louisiana House of Representatives, District 38. The record shows the individual "was not actually domiciled" in the district for one year before filing the paperwork to qualify. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: August 23, 2023, Case #: CA-23-531, Categories: Civil Procedure, Elections
J. Perret finds that the workers' compensation judge properly ruled in favor of the companies and dismissed the roof worker's claim for compensation over alleged injuries suffered at an apartment complex. The testimony and medical records support the finding that the worker's description of the incident was not credible and that he failed to prove an accident occurred on the jobsite. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: May 17, 2023, Case #: WCA-22-580, Categories: Employment, Evidence, Workers' Compensation