18 results for 'judge:"Wolfe"'.
J. Wolfe finds that the trial court properly held the father in contempt, modified the custody judgment, and named the Philippines-based mother the domiciliary parent of the children. The record shows that the father has "done everything possible to prevent" the minor child from traveling to the Philippines despite the court's order. Also, the relevant factors were properly considered in finding that relocation of the child was in their best interest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: April 19, 2024, Case #: 2023CU0945, Categories: Contempt, Evidence, Family Law
J. Wolfe finds that the trial court properly dismissed the resident's injury claims against the parish after he fell into an open garbage receptacle at a pick-up station while trying to dump trash. The open receptacle did not present an unreasonable risk of harm, and there was no breach of duty by the parish. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: April 19, 2024, Case #: 2023CA1099, Categories: Negligence
J. Wolfe finds that the juvenile was properly adjudicated delinquent for illegal possession of a handgun. The juvenile's motion to suppress evidence of the firearm seized from him was correctly denied since the officer had "reasonable suspicion to conduct an investigatory stop" based on an anonymous tip and his own investigation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: January 19, 2024, Case #: 2023KJ0734, Categories: Evidence, Firearms, Juvenile Law
J. Wolfe finds that the trial court should not have certified the judgment sustaining the parish president's exception of no cause of action as final, so the property owners' appeal is dismissed. The issue as to the parish president's immunity has not been fully adjudicated, and the immunity of the parish council is also undecided.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: December 14, 2023, Case #: 2023CA0446, Categories: Civil Procedure, Property, Jurisdiction
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[Consolidated.] J. Wolfe finds that the trial court properly sustained an exception of improper venue and dismissed a suit involving alleged misrepresentations made in connection with the sale of a business. The buyers did not show the seller parties are "solidarily liable to them" for the tort claims. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: December 12, 2023, Case #: 2023CA0571, Categories: Civil Procedure, Venue, Contract
J. Wolfe finds that defendant was properly convicted of second degree murder and manslaughter for the shooting deaths of two victims. The evidence did not support defendant's claim that he shot the victims in self-defense and showed that he had the "specific intent to kill or inflict great bodily harm." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: November 28, 2023, Case #: 2023KA0293, Categories: Murder, Self Defense, Manslaughter
J. Wolfe finds that the trial court erred in awarding the father shared custody of the child after it proceeded with the custody hearing despite the mother's absence. The mother is entitled to a new trial so that allegations of abuse by the father can be considered as it relates to an "informed decision" regarding the best interest of the child. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: November 27, 2023, Case #: 2023CU0089, Categories: Civil Procedure, Family Law
J. Wolfe finds that the trial court properly ruled in favor of the inn owner in a customer's suit over a slip and fall in the parking lot that resulted in a leg fracture. There is no proof that the wet parking lot stripes constituted an unreasonably dangerous condition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: November 7, 2023, Case #: 2023CA0280, Categories: Civil Procedure, Negligence
J. Wolfe vacates the judgments of the district court that ruled against the Louisiana Department of Health and ordered it to release $1.7 million to the contractor. The hearing on the merits of the agency's exceptions was improperly held without providing the agency proper notice of the hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: October 18, 2023, Case #: 2023CA0068, Categories: Medicaid, Agency, Contract
J. Wolfe finds that the trial court properly awarded the property owner damages of $86,550 in a suit against a contractor over defective work on a project to elevate her home in connection with a federal flood mitigation program. There was no error in the admission of an expert's testimony as to property damages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: October 10, 2023, Case #: 2023CA0058, Categories: Construction, Experts, Contract
J. Wolfe finds that the trial court improperly granted summary judgment on the restaurant patron's personal injury claims over a fall off the curb in the parking lot that resulted in a fractured shoulder. The evidence raises a genuine issue of material fact as to whether there was enough lighting in the area where the patron fell. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: September 15, 2023, Case #: 2023CA0129, Categories: Civil Procedure, Tort
[Consolidated.] J. Wolfe finds that the lower court properly dismissed the inmate's petition for judicial review of a decision in an administrative remedy procedure involving his claims for incentive wages allegedly owed for his original sentence. The inmate could not "recoup the wages he bargained away to earn the good time credits." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: September 15, 2023, Case #: 2023CA0203, Categories: Administrative Law
J. Wolfe finds that the trial court properly awarded the individual $400,000 for survival and wrongful death claims after the choking death of her mother in a nursing home when she was given a sandwich despite being on a diet of pureed food. The Patient's Compensation Fund did not affirmatively plead its gross negligence defense, and the jury was properly instructed as to the "compliance and reporting requirements for nursing homes." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: September 5, 2023, Case #: 2022CA1288, Categories: Settlements, Wrongful Death, Medical Malpractice