Louisiana First Circuit Opinions

Here are the most recent opinions as of today 3/18/03 from the Louisiana First Circuit Court of Appeal compliments of the Louisiana State Bar Association.

These are unofficial versions of the Court's opinion. Official versions are available from the Court. The Louisiana State Bar Association makes no representations whatsoever, whether about the accuracy of the text or name or citation of the opinion or otherwise. Further the Louisiana State Bar Association makes no representation that this opinion has or has not been withdrawn, amended, reversed, or altered by judicial action.

Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA1292
Full Opinion [pdf]
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In this wrongful death and survival action, plantiffs Mary Bel, individually and on behalf of the estate of her husband, Douglas Bel, Linda B. Mire, and Carolyn B. Heard, appeal the trial court's granting of defendants Craig Lewis, individually and D/B/A Craig Lewis Sate Farm Agency peremptory exception raising the objection of prescription/peremption. Affirmed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0573
Full Opinion [pdf]
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In this appeal the plaintiff challenges the trial court's grant of attorney's fees in favor of the defendant. Affirmed In Part, Reversed In Part.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Torts and Personal Injury
Docket Number - 002CA0575
Full Opinion [pdf]
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This case presents an issue of res nova in this circuit as to whether a political subdivision may be vicariously liable for negligence of an employee driving a vechicle owned by the political subdivision regardless of whether the employee acted with the course and scope of her employment from a judgement finding the political subdivision liable pursant to a theory of respondent superior, the political subdivision has appealed. Reversed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0583
Full Opinion [pdf]
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The plaintiff has appealed the trial court's denial of the motion to set aside an earlier judgement of dissmissal in favor of the defendant. Appeal Dismissed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Real Estate/Construction/Oil and Gas/Environmental
Docket Number - 2002CA0835
Full Opinion [pdf]
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This appeal arises from the rial court's dismissal of the majority of an action for real estate commessions aganist the landlord(s) on numerous leases of immovable property. Reversed And Remanded.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0933
Full Opinion [pdf]
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This appeal has been brought pursant to the trial court's certification of a summary judgement as a final partial judgement under La. C.C.P. art.1915.
For the following reasons, we find onour de novo review that the trial court erred in certifying the partial summary judgement as a final judgement. As, a result this court lacks subject matter jurisdiction.
Appeal Dismissed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0937
Full Opinion [pdf]
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This is a workers' compensation case where TETRA appeal a judgement granting Ronald Boquet permanent total disability benefits. Reversed, Remanded with Instructions.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA0992
Full Opinion [pdf]
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In this workers comprnsation action the claimant appeals from the judgement sustaining a aperemptory exception raising the objection of prescription and dismissing his claim for workers' compemsation benefits. Affirms In Part, Reverses In Part, Remands.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA0548
Full Opinion [pdf]
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The issue raised on appeal in this succession case are whether the trial court erred in granting summary judgement on the issue of the reasonableness of a contigency fee contract and in denying summary judgement on the issue of the excessiveness of the contract. Reversed In Part, Affirmed In Part, And Remanded.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil
Docket Number - 2002CA1178
Full Opinion [pdf]
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In case Zodiac Development and American Emploters Insurance Company, appeal a judgement overruling exceptions raising the objections of lack of personal jurisdiction over nonresident, Shamma, and improper venue. Affirmed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1477
Full Opinion [pdf]
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The defendant, Bradley Graham wascharged with attenpted second degree murder, armed robbery, attempetd aggravated rape; aggravated sexual battery, second degree kidnapping and eight counts of aggravated oral sexual battery. He pled not guilty and waived his right to a jury and was found guilty by a judge. Convictions, Habitual Offinder Adjudication And Sentences Affirmed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Family/Estate Planning/Wills and Trust
Docket Number - 2002CU2131
Full Opinion [pdf]
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This is an action by a father in opposition to the planned relocation of his eleven-year-old daughter. The mother now appeals from an order of the trial court precluding the daughter from relocating with her mother outside an area of family support.

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Date - 2/26/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CW2235
Full Opinion [pdf]
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This issue before the court in this writ application is whether an employer may be considered the claimant under LSA-R.S. 1310.4 and choose the situs of the necessary hearings. Writ granted and made premptory;Remanded with order.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1006
Full Opinion [pdf]
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Thw defNDnt, Russell Millien pled not gilty to a charge of theft of property. Following a jury trial he was convicted. He twice moved for a mistrial and a new trial but was denied. Hissentence was to be consecutively served. He appeals designating three assignments of error. Conviction Reversed and Modified; Sentence Vacated; Remanded for Resentencing.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1259
Full Opinion [pdf]
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Mr. Philip Foster was cahrged with one count of conspiracy to commit malfeasance, one count of conspiracy to commit monry laundering and (count two)
one count of conspiracy to commit money laundering.
The defendant pled not guilty to all counts. Affirmed.

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Date - 3/5/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1268
Full Opinion [pdf]
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The defendant, Jerry L. Hayes, was charged by bill of information with theft. He pled not guilty and was found guilty by a jury. Affirmed

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1269
Full Opinion [pdf]
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The defendant Timothy Booker was charged by a grand jury with murder. He pled not guilty. Following a jury trial he was convicted as charged. Conviction And Sentence Affirmed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Criminal
Docket Number - 2002KA1344
Full Opinion [pdf]
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The defendant, Eric P. Hamilton was originally chargd with posession of cocaine, he pled not guilty. The state later amended the charge to posession with intent to distribute. The defendant entered a plea of not guilty to the amended charge and was found guilty by a jury. Convictions And Sentence Affirmed.

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Date - 2/14/03
Court Docket - 1st Circuit Court of Appeal
Law Category - All Civil, Labor/Employment/Civil Rights/ADA
Docket Number - 2002CA1144
Full Opinion [pdf]
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In this workers' compensaation case matter the defendants, Cippriani's Restaurant and its insurer LRASIF, appeal a ruling in favor of Cleo Davis for workers' compensation. Affirmed.

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Posted by AJR at March 18, 2003 10:02 PM