TERRI F. LOVE, Judge. The trial court granted two motions for summary judgment, dismissing all of the defendants and the plaintiff, Brandy D'Angelo, filed this devolutive appeal. The motion to designate contents of record, filed by Ms. D'Angelo, did not include the two motions for summary judgment granted by the trial court or the replies to her oppositions. 1 Terry Tedesco, Inc., one of the appellees, filed a motion to supplement the contents of the record due to the deficiency. This Court...
NOT DESIGNATED FOR PUBLICATION McCLENDON, J. The defendant, C.L.J., 1 was indicted for aggravated incest, in violation of LSA-R.S. 14:78.1. A jury convicted him for aggravated incest, and after the denial of posttrial motions, the defendant was sentenced to serve thirty-five years at hard labor, with twenty-five years of the sentence to be served without benefit of probation, parole, or suspension of sentence. 2 He appealed, arguing in five assignments of error that the trial court erred...
FREDERICKS HOMBERG WICKER, Judge. This is a personal injury suit in which the trial judge granted summary judgment in favor of the defendant. The plaintiffs/appellants, Ann Richard and Kirt Richard, appeal the judgment in favor of the defendant/appellee, Louisiana Newpack Shrimp Co., Inc. The issue presented here is whether the plaintiffs' claims are barred by the Louisiana Recreational Use Immunity Statutes, La.R.S.9:2791 and La.R.S. 9:2795. Finding that the plaintiffs' claims are barred by...
NOT DESIGNATED FOR PUBLICATION GUIDRY, J. The defendant, Rhonda L. Goodson, was charged by bill of information with possession of cocaine, 400 grams or more, a violation of La. R.S. 40:967(F)(1)(c). She pled not guilty and, following a trial by jury, was found guilty as charged. The trial court sentenced the defendant to eighteen years at hard labor without the benefit of parole, probation, or suspension of sentence. The defendant was also ordered to pay a fine of two hundred fifty thousand...
NOT DESIGNATED FOR PUBLICATION HIGGINBOTHAM, J. Joshua Varmall and his mother, Callena Varmall, appeal a judgment finding Joshua was fifty percent at fault in an automobile accident with Timothy Norwood. 1 For the following reasons, we affirm the trial court's judgment. BACKGROUND On July 31, 2009, Joshua was driving a car belonging to his mother, Callena Varmall, on Wayne Drive in East Baton Rouge Parish. Wayne Drive is a narrow, two-lane residential road with no center line and no paved...
As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Charles Bryant Kountz, Vicki Kountz Waihi, and Kenneth Sillavan has this day been DENIED. As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Allied Discount Tire & Brake, Inc. and Allied Development, Inc. has this day been DENIED.
McCLENDON, J. Defendant, Hannah V. Salsbury, was charged by bill of information with possession of hydrocodone in combination with one or more active non-narcotic ingredients (a Schedule III controlled dangerous substance pursuant to LSA-R.S. 40:964), a violation of LSA-R.S. 40:968C. Defendant entered a plea of not guilty, and after a trial by jury, she was found guilty as charged. Thereafter, defendant was sentenced to three years imprisonment at hard labor and participation in drug treatment...
NOT DESIGNATED FOR PUBLICATION McDONALD, J. The defendant, Brandon Dale King, was charged by bill of information with aggravated incest (count one) and oral sexual battery (count two), violations of La. R.S. 14:78.1 and La. R.S. 14:43.3. He entered a plea of not guilty. After a jury trial, the defendant was found guilty as charged. The trial court denied the defendant's motion for post verdict judgment of acquittal and motion for new trial. On count one, the defendant was sentenced to ten...
NOT DESIGNATED FOR PUBLICATION GAIDRY, J. The defendant, Bruce Alvin Robertson, was charged by bill of information with attempted simple burglary, a violation of La. R.S. 14:62 and 14:27. He pled not guilty and, following a jury trial, was found guilty as charged. The defendant was sentenced to six years imprisonment at hard labor. The defendant filed a motion to reconsider sentence. The trial court granted the motion and resentenced the defendant to five years imprisonment at hard labor. The...
NOT DESIGNATED FOR PUBLICATION PETTIGREW, J. Defendant, Andrew D. Wetzel, was charged by bill of information with simple arson causing damage greater than $500.00, in violation of La. R.S. 14:52. 1 He pled not guilty and, after trial by jury, was found guilty as charged. Subsequently, the State filed a habitual offender bill of information. The trial court adjudicated defendant a fourth-felony habitual offender and imposed a sentence of thirty-five years at hard labor, without the benefit of...
NOT DESIGNATED FOR PUBLICATION HUGHES, J. The defendant, Harold Willie Francois, was charged by bill of information with distribution of cocaine, a violation of LSA-R.S. 40:967(A)(1). 1 The defendant pled not guilty. The defendant filed motions to suppress and to disclose the identity of the confidential informant. The motions were denied. Thereafter, the defendant withdrew his prior plea of not guilty and, at a Boykin hearing, entered an Alford plea 2 of guilty to the charge, without...
NOT DESIGNATED FOR PUBLICATION HIGGINBOTHAM, J. Defendant, Kevin Smith, was charged by grand jury indictment with two counts of second degree murder, violations of La. R.S. 14:30.1. He pled not guilty and, after a trial by jury, was unanimously found guilty as charged on both counts. The trial court sentenced him to two concurrent terms of life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence. Defendant now appeals, raising six assignments of error....
NOT DESIGNATED FOR PUBLICATION WELCH, J. Dana Washam Marks appeals a trial court judgment sustaining the peremptory exception raising the objection of no cause of action filed by Stephen R. Marks and dismissing her petition to rescind a community property settlement. We reverse the judgment of the trial court and remand for further proceedings. FACTUAL AND PROCEDURAL HISTORY On November 14, 2008, a consent judgment partitioning the community property existing between Dana and Stephen Marks...
TERRI F. LOVE, Judge. Appellant, Walter J. Horrell, assigns error to the trial court's granting of the Provisional Administratrix's/Appellee's Motion for Interim Payment. Appellant also argues that the trial court abused its discretion in allocating certain costs and expenses to him and to Clare Younger Horrell, Gay Coffer, Michael Horrell, Edward A. Horrell, Jr., and Mary Elise LeCour. We find that the trial court did not abuse its discretion in granting an interim payment to the Provisional...
NOT DESIGNATED FOR PUBLICATION PHYLLIS M. KEATY, Judge. In this appeal, we find that the plaintiff, who did not object to the jury interrogatories at trial, is barred from doing so on appeal. Accordingly, the judgment of the trial court is affirmed. FACTS On September 16, 2008, Terry J. Trahan, Jr., was riding his motorcycle on Clement Road in Egan, Louisiana, when a dog owned by Robert Buatt ran into the road and toward Trahan, who lost control of his motorcycle and crashed. Trahan's...
As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Tynirsha W. Rhine, et al has this day been DENIED. As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by The Bayou Companies, LLC, et al has this day been DENIED.
NOT DESIGNATED FOR PUBLICATION JOHN D. SAUNDERS, Judge. Defendant, Julia Genell Easily, was charged with one count of possessing a CDS II (cocaine) with the intent to distribute, in violation of La.R.S. 40:967. Thereafter, Defendant appeared for a preliminary examination hearing on April 18, 2011. At the hearing, Defendant made an oral motion to suppress the evidence in her case. Following presentation of the evidence, the trial court denied Defendant's motion to suppress. On May 3, 2011,...
NOT DESIGNATED FOR PUBLICATION As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Cappaert Manufactured Housing, Inc. has this day been GRANTED . The case will be considered submitted to the court on briefs previously filed on January 25, 2012.
NOT DESIGNATED FOR PUBLICATION HIGGINBOTHAM, J. The defendant, Anthony Manzella, was charged by grand jury indictment with one count of first degree murder, a violation of La. R.S. 14:30. The defendant pled not guilty, and following a jury trial, he was found guilty of the lesser offense of negligent homicide, a violation of La. R.S. 14:32. The defendant moved for a post-verdict judgment of acquittal, but the motion was denied. He was sentenced to five years at hard labor, with all but four...
NOT DESIGNATED FOR PUBLICATION McCLENDON, J. Defendant, Darrick C. Sams, was charged by bill of information with operating a vehicle while intoxicated (DWI), fourth offense, a violation of LSR.S. 14:98. Defendant pled not guilty, and filed two motions to quash the bill of information. Defendant's first motion to quash alleged that one of the predicate convictions set forth in his bill of information occurred outside the ten-year cleansing period of LSA-R.S. 14:98. Defendant's second motion...
