NOT DESIGNATED FOR PUBLICATION PETTIGREW , J. This appeal arises from the dismissal of a medical malpractice claim for prescription during the medical review panel process. Finding that the claimant failed to carry her burden of proof on the exception, we affirm. FACTS AND PROCEDURAL HISTORY Linda Skipper requested the formation of a medical review panel in accordance with La. R.S. 40:1231.8 to review treatment provided to her now-deceased son, Damian Skipper, by Baton Rouge General...
NOT DESIGNATED FOR PUBLICATION CHUTZ , J. Plaintiff-appellant, Hunt Graphics, Inc., appeals a summary judgment dismissing its damages claim again defendants-appellees, Mandeville Soccer Club (MSC) and U.S. 190 LLC (U.S. 190). For the following reasons, we reverse. FACTS AND PROCEDURAL HISTORY In July 2012, plaintiff occupied leased space in Unit 2-B of a building owned by U.S. 190 in Mandeville, Louisiana. Plaintiff used the space as an art studio and for storage of art prints. On or...
WHIPPLE , C.J. Plaintiff, Ken Haydel, appeals a judgment of the trial court granting summary judgment in favor of defendants, CB & I, Inc., CB & I, Inc. of Texas, and Chicago Bridge and Iron Company (hereinafter collectively referred to as "CB & I"), and dismissing with prejudice his claims against these defendants. For the following reasons, we affirm. FACTUAL AND PROCEDURAL HISTORY This litigation arises out of a June 13, 2013 chemical explosion at the Williams Olefins chemical plant...
GREMILLION , Judge . The defendant-applicant, Union Oil Company of California (UNOCAL), seeks supervisory writs from the trial court's judgment denying its motion to compel discovery. For the following reasons, we deny the writ and affirm the trial court's ruling. FACTUAL AND PROCEDURAL BACKGROUND This case involves an oilfield contamination lawsuit that is governed by 2006 La. Acts No. 312, which enacted La.R.S. 30:29. The plaintiffs, the State of Louisiana (State) and the Vermilion...
COOKS , Judge . FACTS AND PROCEDURAL HISTORY In February 2014, the City of Lake Charles contracted with Master Craft Construction, LLC for the construction of water service lines. The contract between the City of Lake Charles and Master Craft required that the work be completed within sixty (60) days and provided for liquidated damages in the event of non-completion within the specified time period. In connection with this contract, Master Craft entered into a subcontract with Pronoun,...
THERIOT , J. The appellant, Paul W. Brown, appeals the judgment of the Nineteenth Judicial District Court that denied a permanent injunction against the appellee, the Board of Trustees of the Municipal Police Employees' Retirement System (MPERS). For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY The appellant is a retiree of the Monroe Police Department (MPD). On December 28, 1991, the appellant, while in the performance of his official duties as a police officer for...
GRAVOIS , J. Plaintiff/appellant, Santo Dileo, appeals the trial court's dismissal of his invasion of privacy and defamation claims against defendant/appellee, James Harry. For the reasons that follow, we affirm. FACTS AND PROCEDURAL HISTORY On September 30, 2014, Mr. Dileo filed a "Petition for Defamation, Libel, and Invasion of Privacy Damages" against Mr. Harry. The claims arose out of a civil suit in the 40 th Judicial District Court in which the parties were opposing counsel. In...
KYZAR , Judge . The defendant, Advanced Agriculture, Inc., appeals from a trial court judgment awarding damages for lost income to the plaintiff, Gardiner Farms, LLC, as a result of its failure to use the best farming practices to cultivate sugarcane on property it leased from the plaintiff. For the following reasons, we affirm in part, reverse in part, and render judgment in favor of Advanced Agriculture. DISCUSSION OF THE RECORD At the outset of this opinion, we begin with a brief...
SAVOIE , Judge . For the reasons set forth in Snavely v. Ace Pain Management, LLC. 17-237 (La. App. 3 Cir. 12/13/17), 258 So.3d 37 , the exception of prescription filed by Ms. Snavely and J. Lomax Jordan is granted. Defendants' motions seeking attorney fees as sanctions filed in each of the three consolidated matters are dismissed with prejudice. All costs of this appeal are assessed to Defendants. PRESCRIPTION EXCEPTION GRANTED; DISMISSED WITH PREJUDICE.
NOT DESIGNATED FOR PUBLICATION. D. KENT SAVOIE , Judge . For the reasons set forth in Snavely v. Ace Pain Management, LLC. 17-237 (La.App. 3 Cir. ___/___/17), ___ So.3d ___, the exception of prescription filed by Ms. Snavely and J. Lomax Jordan is granted. Defendants' motions seeking attorney fees as sanctions filed in each of the three consolidated matters are dismissed with prejudice. All costs of this appeal are assessed to Defendants. PRESCRIPTION EXCEPTION GRANTED; DISMISSED WITH...
SAVOIE , Judge . Defendants appeal the trial court's order consolidating three motions for sanctions filed in three separate actions, as well as the trial court's denial on the merits of those actions. Plaintiff and her attorney assert an exception of prescription. For the following reasons, we grant the exception and dismiss Defendants' motions. FACTUAL AND PROCEDURAL BACKGROUND The parties herein have an extensive litigation history arising out of a 2010 motorcycle accident involving...
EZELL , Judge . Chester Domingue appeals the decision of the trial court granting summary judgment in favor of Louisiana Guest House, LLC, d/b/a Camelot of Broussard (hereinafter "Camelot"). For the following reasons, we reverse the decision of the trial court. Mr. Domingue's mother, Onelia, was a resident at Camelot, which is a nursing home in Broussard, Louisiana. The ninety-four-year-old Mrs. Domingue suffered several falls while at Camelot, at least twenty seven, though most did not...
AMY , Judge . The appellant intervened in the underlying divorce proceeding, seeking a determination of paternity of a minor child born during the marriage. As the matter was filed more than one year after the child's birth, the trial court sustained the legal father's exception of peremption pursuant to La.Civ.Code art. 198. Although that ruling was affirmed by prior appeal, the appellant thereafter filed a petition in which he challenged Article 198 on constitutional grounds. The trial...
Judge Edwin A. Lombard . The instant appeal involves a dispute over attorneys' fees pursuant to a contingency fee agreement between Gulf Coast Bank and Trust ("GCBT") and the Appellee, Ricci Partners, LLC ("the Appellee"). The Appellant, Damon Baldone, seeks review of the district court's January 10, 2017 judgment wherein it reduced its prior award of attorneys' fees to the Appellee to $800,000. Finding the district court did not abuse its discretion, we affirm. Facts The Appellee...
NOT DESIGNATED FOR PUBLICATION PHYLLIS M. KEATY , Judge . On November 12, 2015, Defendant, Austin Mott, Jr., was charged by bill of indictment with one count of aggravated rape, a violation of La.R.S. 14:42. Defendant filed a motion to waive his right to a jury trial, which the trial court granted by order dated May 27, 2016. At the conclusion of a one-day bench trial held on February 13, 2017, Defendant was found guilty as charged. Four days later, the trial court sentenced Defendant to...
CRAIN , J. Walter C. Dumas and Walter C. Dumas & Associates, Inc., appeal a decision of the Louisiana Ethics Adjudicatory Board (Adjudicatory Board) finding they violated the Louisiana Code of Governmental Ethics (Ethics Code) and ordering them to pay $138,000.00 to the Louisiana Board of Ethics (Ethics Board). We affirm. FACTS Southern University is a public university managed by its Board of Supervisors (Board of Supervisors). See La. Const. art. 8, 7. The Southern University...
COX , J. Appellant, Southern Natural Gas Company ("Southern"), appeals a judgment from the Third Judicial District Court, Parish of Union, State of Louisiana, wherein the trial court rendered a judgment in favor of Appellee, Mary T. Baker ("Baker"), granting the Clerk of Court's motion to impose court costs in the amount of $49,516.28, and an additional $6,000 in attorney fees. Southern prays that the district court's ruling be reversed and vacated, as it argues that the assessment of...
Judge Rosemary Ledet . This is a suit on a promissory note and mortgage. From the trial court's judgment granting, in part, the peremptory exception of prescription filed by the defendants, Betty Galloway and her two children (Valerie Sennette Galloway and Gregory Louis Galloway) (collectively the "Galloways"), the Galloways appeal. For the reasons that follow, we convert the appeal to an application for supervisory writ, grant the writ, reverse the trial court's judgment, and remand with...
NOT DESIGNATED FOR PUBLICATION JOHN D. SAUNDERS , Judge . Defendant, Robert Lee Sargent, Sr., was indicted on September 17, 2015, for aggravated rape, a violation of La.R.S. 14:42, and for sexual battery, a violation of La.R.S. 14:43.1. 1 The indictment was amended on the morning of trial to state the offenses occurred between September 12, 2009, and January 1, 2015. A jury convicted Defendant on both counts as charged on December 9, 2016. The trial court sentenced him to life...
NOT DESIGNATED FOR PUBLICATION DANIEL L. DYSART , Judge . Dean Gilbert seeks review of two judgments rendered by the trial court. In No. 2016-0609, appellant seeks review of a Judgment of Possession rendered by the trial court in the proceedings relative to his mother's succession. In No. 2017-0147, appellant seeks review of a judgment finding him in both direct and constructive contempt of court. For the reasons that follow, we affirm both judgments. Bernadette Gaines Gilbert died...
