PAUL A. BONIN , Judge . Kenneth H. Lobell, the plaintiff in the present case, acquired in 1997 the balance of several pre-existing leases. One of these was a sixty-year lease of several parcels of land, a three-story office building of approximately 44,000 square feet, and a parking structure all located at 2025 Canal Street in New Orleans. Relations between Mr. Lobell and the lessors deteriorated in the wake of Hurricane Katrina. These lessors are the heirs of Simon and Herman H. Rosenberg,...
WILLIAMS , J. The appellant, Louisiana Public Defender Board ("LPDB"), appeals a judgment ordering LPDB to pay compensation to the former counsel of the defendant, Kenneth Willis, and to pay the reasonable expenses incurred by the Capital Assistance Project of Louisiana ("CAPOLA") for the representation of the defendant during the period after expiration of the contract with LPDB. For the following reasons, we reverse in part and affirm in part. FACTS In 2007, the legislature passed the...
NOT DESIGNATED FOR PUBLICATION ROLAND L. BELSOME , Judge . This appeal is taken from the denial of a request for a preliminary injunction. 1 For the reasons that follow, we affirm the trial court's ruling. In May of 2013, Eugene Lawrence, Jr. entered into an operating agreement with Anthony Boswell. The operating agreement conveyed forty percent (40%) interest in Mr. Lawrence's company, E-1 Entergize, LLC (Entergize) to Mr. Boswell. Mr. Boswell claims that Mr. Lawrence has removed and...
SANDRA CABRINA JENKINS , Judge . Defendant appeals the trial court's judgment granting a preliminary injunction in favor of Plaintiff. First, we find no legal error in the trial court's granting the Plaintiffs' preliminary injunction. Second, we find that the trial court did not abuse its discretion in finding the Plaintiffs made a prima facie showing of irreparable harm. Therefore, the judgment of the trial court is affirmed and the matter is remanded to the trial court for further...
NOT DESIGNATED FOR PUBLICATION WHIPPLE , C.J. The defendant, Steven Jermaine Charles, was charged by bill of information with aggravated flight from an officer, a violation of LSA-R.S. 14:108.1(C). He pled not guilty and, following a jury trial, was found guilty as charged. He was sentenced to two years imprisonment at hard labor. The State filed a habitual offender bill of information. 1 A hearing was had on the matter, and the defendant was adjudicated a fourth or subsequent felony...
NOT DESIGNATED FOR PUBLICATION WHIPPLE , C.J. The defendant, Felix Adams, Jr., was charged by grand jury indictment with second degree murder, a violation of LSA-R.S. 14:30.1 (count one); armed robbery, a violation of LSA-R.S. 14:64 (count two); and obstruction of justice, a violation of LSA-R.S. 14:130.1 (count three). 1 He entered a plea of not guilty and, following a jury trial, was found guilty as charged on all counts. 2 The defendant was sentenced to life imprisonment without the...
NOT DESIGNATED FOR PUBLICATION GUIDRY , J. The defendant, Jacob R. Lagman, was charged by bill of information on count one with attempted first degree murder, a violation of La. R.S. 14:27 and La. R.S. 14:30, and on count two with attempted armed robbery, a violation of La. R.S. 14:27 and La. R.S. 14:64. The defendant ultimately withdrew his original pleas of not guilty and pled guilty as charged on both counts pursuant to a plea agreement. The defendant was sentenced on count one to ten...
NOT DESIGNATED FOR PUBLICATION DRAKE , J. The defendant, Rachel Gillis, was charged by bill of information with driving while intoxicated ("DWI"), third offense, a violation of Louisiana Revised Statutes 14:98(D) (prior to revision by 2014 La. Acts, Nos. 175, 1; 385, 1; and 386, 1). She entered a plea of not guilty and filed a motion to quash, alleging that the ten-year cleansing period had lapsed prior to her arrest for the instant offense. Following a hearing, the district court...
NOT DESIGNATED FOR PUBLICATION McDONALD , J. The defendant, Hector J. Perez, was charged by grand jury indictment with aggravated rape of a victim under the age of thirteen years, a violation of LSA-R.S. 14:42. He pled not guilty and, following a jury trial, was found guilty as charged. He filed a motion for post-verdict judgment of acquittal, which was denied. The defendant was sentenced to life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence....
CRAIN , J. The defendant, Brandy L. Bruno, was charged by bill of information with obstruction of justice involving a criminal proceeding in which a sentence of death or life imprisonment may be imposed, in violation of Louisiana Revised Statute 14:130.1. The defendant initially pled not guilty. After the trial court denied the defendant's motion to quash the bill of information based on untimely prosecution, the defendant withdrew her not guilty plea and pled guilty as charged under...
NOT DESIGNATED FOR PUBLICATION CHUTZ , J. The defendant, Alfred Harrison, was charged by amended bill of information 1 with six counts of forcible rape, violations of La. R.S. 14:42.1. 2 The defendant entered pleas of not guilty and not guilty by reason of insanity. After a hearing, the trial court granted the defendant's motion to waive his right to a trial by jury. After a bench trial, the defendant was found guilty as charged on all six counts. 3 The trial court denied the...
HIGGINBOTHAM , J. The defendant, Lafelix Dishon Miller, was charged by grand jury indictment with second degree murder, a violation of La. R.S. 14:30.1. He entered a plea of not guilty and, following a jury trial, was found guilty of the responsive offense of manslaughter, a violation La. R.S. 14:31. He filed motions for new trial and postverdict judgment of acquittal, both of which were denied. He was sentenced to forty years at hard labor. He filed a motion to reconsider sentence, which...
NOT DESIGNATED FOR PUBLICATION WHIPPLE , C.J. The defendant, Melvin Oliver James, Jr., was charged by bill of information with possession with intent to distribute heroin, a violation of LSA-R.S. 40:966(A). 1 The defendant pled not guilty. The defendant filed motions to suppress the evidence and statement. Following a hearing, the motion to suppress both the drugs and the defendant's inculpatory statement was denied. Following a jury trial, the defendant was found guilty as charged. He...
NOT DESIGNATED FOR PUBLICATION GUIDRY , J. Defendant, Stanley Grigsby, was charged by bill of information with attempted second degree murder, a violation of La. R.S. 14:27 and 14:30.1 (count one), and possession of a firearm by a convicted felon, a violation of La. R.S. 14:95.1 (count two). He pled not guilty. Following a jury trial, defendant was found guilty as charged on both counts. He filed a motion for new trial, which the trial court denied. The state subsequently filed a habitual...
NOT DESIGNATED FOR PUBLICATION PETTIGREW , J. The defendant, Scott Brown, was charged by bill of information with simple burglary, in violation of La. R.S. 14:62 and pled not guilty. The defendant waived his right to a trial by jury, and was found guilty as charged after a bench trial. The trial court denied the defendant's motion for a new trial. The trial court sentenced the defendant to ten years imprisonment at hard labor, and subsequently denied the defendant's motion to reconsider...
NOT DESIGNATED FOR PUBLICATION McCLENDON , J. The defendant, Demetrick Ledale Taylor, was charged by amended bill of information with attempted second degree murder, a violation of LSA-R.S. 14:27 and 14:30.1. He pled not guilty and, following a jury trial, was found guilty as charged. The defendant filed a motion for new trial, which the trial court denied. Subsequently, the trial court sentenced the defendant to fifty years imprisonment at hard labor, without the benefit of parole,...
STEPHEN J. WINDHORST , Judge . Appellants, Julia and Martin Marino, seek review of the trial court's judgment granting appellees', Gulf Coast Bank and Trust Company and John Doe (collectively "Gulf Coast Bank"), motion for summary judgment. For the reasons that follow, we affirm. FACTS The following facts are undisputed for the purpose of appellees' motion for summary judgment. 1 The Jefferson Parish Sheriff's Office ("JPSO") arrested Salvadore Marino, the adult son of appellants, for...
NOT DESIGNATED FOR PUBLICATION WELCH , J. Reddy Ice Corporation ("Reddy Ice") appeals a judgment sustaining a dilatory exception raising the objection of prematurity and dismissing, without prejudice, its cross-claim against Frozen Water, Inc. d/b/a The Ice House ("Frozen Water") for defense and indemnification. For reasons that follow, we affirm the judgment of the trial court. FACTUAL AND PROCEDURAL HISTORY On August 16, 2013, the plaintiffs, Bruce Willis and his wife, Tarrah Willis,...
NOT DESIGNATED FOR PUBLICATION WHIPPLE , C.J. In this appeal, defendant, the State of Louisiana, through the Department of Social Services, Office of Community Services, now known as the Department of Children and Family Services, ("the Department"), challenges the trial court's ruling, which granted the motion for new trial filed by plaintiff, Calvernia Reed. For the following reasons, we dismiss the appeal as it is an appeal taken from a non-appealable interlocutory judgment. FACTS...
HIGGINBOTHAM , J. Defendant, Christopher Johnson, was charged by amended grand jury indictment with second degree murder, a violation of La. R.S. 14:30.1. 1 , 2 He pled not guilty. A new sanity commission was appointed, and the trial court ultimately found defendant competent to stand trial. Following a jury trial, defendant was found guilty as charged. The trial court denied defendant's motions in arrest of judgment, for postverdict judgment of acquittal, and for new trial. The trial...
