JUDE G. GRAVOIS, Judge. Defendant, Jose Alfaro, has appealed his convictions of aggravated rape (Count 1) and molestation of a juvenile (Count 2). For the reasons that follow, we affirm defendant's convictions on Counts 1 and 2, affirm defendant's sentence on Count 1, vacate defendant's sentence on Count 2, and remand the matter with instructions. FACTS At trial, Officer Sydney Gonzales testified that while employed as a school resource officer at Gretna Middle School on January 20, 2011,...
HANS J. LILJEBERG, Judge. On August 10, 2010, the Jefferson Parish District Attorney filed a bill of information charging defendant, Carol H. Banks, with three counts of La. R.S. 14:32, causing the deaths of Gerard Faucheaux, Nelson Faucheaux, and Shirley Faucheaux. 1 Thereafter, the State filed three superseding bills of information, ultimately charging defendant with three counts of vehicular homicide in violation of La. R.S. 14:32.1(A)(6). 2 On February 7, 2012, defendant pleaded not...
GREMILLION, Judge. The plaintiff/appellants, Adrien Baudoin, Erich G. Loewer, Jr., Michael Meaux, Chad Vice, and Bruce Webb, appeal the judgment in their employment dispute dismissing their demands against Thomas B. Putnam, George A. Putnam, and Emmet P. Putnam, III. For the reasons that follow, we affirm. FACTS AND PROCEDURAL HISTORY George Putnam and his brother, Emmet, founded Abbeville Lumber Company (ALC). One of ALC's enterprises was the construction, sale, leasing, and refurbishment...
JUDE G. GRAVOIS, Judge. Defendant, Michael Videau, appeals his convictions on seven counts of sex crimes against five child victims, as described below. On appeal, his appointed counsel argues that defendant's constitutional right to confront his accusers was violated at trial by the admission of the video-taped interview of one of the child victims without appellant being able to effectively confront and cross-examine her. Defendant also filed a pro se supplemental brief, wherein he...
STEPHEN J. WINDHORST, Judge. Defendant, Darius Jones, was convicted of attempted armed robbery (count one) and possession of a firearm by a convicted felon (count two). Defendant was sentenced to 25 years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence for count one, to run concurrently with his 20-year sentence at hard labor without benefit of parole, probation, or suspension of sentence for count two. In this appeal, defendant challenges his...
JUDE G. GRAVOIS, Judge. Plaintiffs have appealed the trial court's grant of defendant's motion for an involuntary dismissal of their case. For the reasons that follow, we affirm. PROCEDURAL BACKGROUND AND FACTS On October 18, 2007, plaintiffs, Connie and Anthony Christiano, filed suit against Southern Scrap Material Co., LLC 1 ("Southern Scrap"). 2 The petition alleged that on October 19, 2006, plaintiffs were customers at Southern Scrap's facility in Westwego, Louisiana, when Mrs....
SUSAN M. CHEHARDY, Chief Judge. This is the second appeal by Jeffrey Charles of the child support award regarding J.C. by the Jefferson Parish Juvenile Court. For the following reasons, we affirm. Facts and Procedural History On July 1, 2008, a child, J.C., was born to defendant/appellant, Jeffrey C. Charles, and Erica Severance Pilot. In 2010, Ms. Pilot was receiving services from the Louisiana Department of Children and Family Services so the State of Louisiana, Department of Children and...
MARC E. JOHNSON, Judge. Plaintiff, James E. Shields, Sr., appeals the granting of summary judgment in favor of Defendant, the Parish of Jefferson ("the Parish"), which dismissed his lawsuit for fraud with prejudice. For the reasons that follow, we reverse. PROCEDURAL HISTORY On May 19, 2011, Plaintiff filed a Petition for Damages and for Injunction against the Parish, the Department of Inspection and Code Enforcement for the Parish of Jefferson, 1 and Leroy Danos Maintenance Service, Inc. (...
JUDE G. GRAVOIS, Judge. In this legal malpractice action, plaintiff, Diane Garner, appeals a trial court judgment granting an exception of peremption filed by defendants, Bruce Lizana and the Law Office of Bruce H. Lizana, P.L.C. ("the Lizana defendants"), and dismissing her lawsuit. For the following reasons, we reverse the trial court judgment under review and remand this matter to the trial court for further proceedings. FACTS AND PROCEDURAL HISTORY In April of 2004, Diane Garner...
STEPHEN J. WINDHORST, Judge. Plaintiff, Roy Marks, appeals the trial court's judgment sustaining defendant's peremptory exceptions of no cause of action and no right of action, dismissing his suit with prejudice. In his petition, Mr. Marks alleged that defendant, the Third District Volunteer Fire Department ("Third District"), is a non-profit corporation organized and existing under the laws of the State of Louisiana, and that it was under contract with Fire Protection District No. 3 for the...
STEPHEN J. WINDHORST, Judge. Appellant, Dr. Lucien S. Miranne, Jr., appeals the district court's dismissal of his petition for nullity. For the reasons stated below, we vacate the judgment of the district court dismissing appellant's petition for nullity and remand the matter to the trial court for further proceedings. PROCEDURAL HISTORY On April 8, 2008, Christopher Ezzell filed a petition for damages for personal injuries against Miranne claiming that he received injuries after Miranne...
PETTIGREW, J. In the instant appeal, claimant challenges the trial court's November 26, 2012 judgment denying his request for attorney fees in connection with a judicial forfeiture proceeding. For the reasons that follow, we affirm. FACTS AND PROCEDURAL HISTORY This litigation arises out of the seizure of currency by the Washington Parish Sheriffs Office on January 12, 2011. On March 17, 2011, the State of Louisiana, through the district attorney for the 22nd Judicial District Court, filed a...
KUHN, J. Plaintiff-appellant, Lance P. Lemoine, appeals the trial court's declaratory judgment, granting a motion for summary judgment filed by defendants-appellees, Baton Rouge Physical Therapy, LLP (BRPT) and BRPT-Lake Rehabilitation Centers, LLC (BRPT-Lake), declaring valid provisions in a partnership agreement, which expressly preclude Lemoine from engaging in his profession providing rehabilitative services and from competing through employment with a competitor for a period of two years...
EDWIN A. LOMBARD, Judge. The Appellants, the City of New Orleans and ACS State and Local Solutions, Inc., seek review of the class certification of the Appellees, Stuart H. Smith, Rodney Stephens, David A. Veazey, Guadalupe Gamez, by the district court. 1 Finding that the district court did not abuse its discretion in certifying the class, we affirm. FACTS AND PROCEDURAL HISTORY In January of 2005, the City of New Orleans ("the City") privatized its parking meter system and commenced...
MAX N. TOBIAS, JR., Judge. This is the second time this court has addressed an appeal in this case. By way of background, we quote from our original opinion, I.F. v. Administrators of the Tulane Educational Fund, 11-0308, pp. 1-3 (La.App. 4 Cir. 8/24/11), 72 So.3d 462 , 462-65: I.F., the plaintiff/appellant, appeals from a judgment dismissing his petition for preliminary and permanent injunction against the defendant/appellee, the Administrators of the Tulane Educational Fund ("Tulane")....
MADELEINE M. LANDRIEU, Judge. Melvin Scott and Darron D. Williams appeal their convictions of and sentences for distribution of heroin. For the reasons that follow, we affirm the convictions and sentences of Mr. Scott and Mr. Williams. STATEMENT OF THE CASE On May 18, 2010, Mr. Scott and Mr. Williams were each charged by bill of information with one count of distribution of heroin. 1 They each pled not guilty to the charges at their arraignment on May 20, 2010. After a hearing on...
HANS J. LILJEBERG, Judge. Defendant, U.S. Agencies Casualty Insurance Company ("US Agencies"), appeals a judgment rendered in favor of plaintiff, Ramiro Farciert, finding coverage under the insurance policy issued by defendant and awarding him $18,500.00. For the following reasons, we reverse and vacate the judgment. FACTS AND PROCEDURAL HISTORY This case arises from a motor vehicle accident that occurred on May 30, 2010, involving a 2007 Ford F-150 Supercrew owned by Ramiro Farciert and...
SUSAN M. CHEHARDY, Chief Judge. This is a legal malpractice suit that was dismissed as perempted. The plaintiff appeals. We affirm. FACTS First NBC Bank ("FNBC") filed suit against Stephen J. Broussard on March 17, 2011 in Civil District Court for the Parish of Orleans. The petition made the following allegations: Mr. Broussard is licensed to practice law in Louisiana. On June 30, 2008, FNBC entered into an agreement with H.E. Jones, Ltd. by which H.E. Jones granted a mortgage in favor of...
CHAISSON, Judge. This is a suit by a subcontractor against the general contractor and its statutory bond surety for monies owed under the subcontract. The Ohio Casualty Insurance Company ("Ohio Casualty"), the statutory bond surety, appeals from a judgment finding it liable to Pierce Foundations, Inc. ("Pierce"), the subcontractor, for monies owed under the subcontract. Pierce answered the appeal seeking modification of the date on which interest began to accrue on the judgment. We dismiss the...
JUDE G. GRAVOIS, Judge. Plaintiff, Dean Stipp, has appealed a trial court judgment granting defendant's motion for summary judgment in this motor vehicle insurance policy coverage suit. For the reasons that follow, we affirm. FACTS AND PROCEDURAL HISTORY In March 2008, plaintiff purchased a new Mercedes Benz SL550 roadster from Benson Motor Company ("Benson") for approximately $91,000. This vehicle was covered under an insurance policy issued by Metropolitan Property and Casualty Insurance...
