CHARLES R. JONES, Judge. The appellants, Daisy Johnson Palmer and her husband Alfred M. Palmer, (the Palmers) seek review of a district court judgment which granted the motion for summary judgment of the named defendants/appellees: Zulu Social Aid and Pleasure Club, the T.H.E. Insurance Company, Namaan C. Stewart, and ABC Insurance Company. We Affirm. This action arises out of an incident which occurred on Tuesday, February 28, 2006, Mardi Gras Day, at about noon. Mrs. Palmer, a retired...
ON APPLICATION FOR REHEARING CHARLES R. JONES, Judge. The application for rehearing of the Respondent, John Christopher Reams, is granted for the limited purpose of clarifying a portion of the disposition rendered by this Court in the writ application of the Relator, Stephanie Stanley. On rehearing, Mr. Reams seeks clarification of that portion of our writ disposition wherein we held that: . . . the district court erred in reducing the $190,744 reimbursement claim of the Relator by one-half...
JOAN BERNARD ARMSTRONG, Chief Judge. The Board of Commissioners of the Orleans Levee District (OLD) appeals 1 from a trial court judgment of April 9, 2010, determining the annual rental obligation of Landry's Seafood House-New Orleans, Inc. (Landry's) to the OLD for property located at 8000 Lakeshore Drive, New Orleans, to be $165,000 for the period from July 1, 2005 to June 30, 2015. The OLD claims that an annual rent of $210,000.00, established properly by a July 2005 appraisal, is the...
TERRI F. LOVE, Judge. Plaintiffs/Appellants, Elizabeth Pearson and Upton Pearson, appeal the district court's granting of a motion for summary judgment that was filed on behalf of Defendants/Appellees, Thomas J. Delaune, Tommy's Seafood, Inc., and Lafayette Insurance Company. The Pearsons filed suit against Mr. Delaune, owner of the leased premises where she was employed, and Mr. Delaune's insurer, alleging that Mrs. Pearson was injured as a result of a defective, leaking compressor unit, the...
ROLAND L. BELSOME, Judge. Defendants-Appellants appealed the trial court's denial of their Motion for Summary Judgment, which was declared final on April 9, 2010. Pursuant to La. C.C.P. art. 1915, however, that interlocutory judgment could not be certified as final. Accordingly, we have converted the appeal in the above-captioned matter into a supervisory writ. Plaintiff-Appellee Joseph Hermo owned a truck and trailer 1 which was used in connection with his business, Sunrise Contracting, LLC...
MAX N. TOBIAS, Jr., Judge. Julie D. Poche, defendant/plaintiff-in-reconvention/third-party plaintiff/appellant, appeals from a judgment granting an exception of no cause of action in favor of third-party defendant/appellee, Charles Mentz, III, and an exception of no right of action in favor of third-party defendant/appellee, Scottsdale Insurance Company ("Scottsdale"). After reviewing the record and applicable law, we affirm in part, reverse in part, and remand the matter for further...
TERRI F. LOVE, Judge. The biological father appeals the juvenile court's judgment granting the intrafamily adoption of his two minor children to the petitioners. He asserts that the trial court erred by denying his motion in opposition to the intrafamily adoption and failing to establish that the adoption was in the best interest of the children. We find that the juvenile court judge erred; therefore, we reverse and remand. FACTUAL BACKGROUND AND PROCEDURAL HISTORY BJA, Sr. 1 was married...
ROLAND L. BELSOME, Judge. STATEMENT OF CASE On October 22, 2009, the State filed a bill of information charging the defendant with first degree robbery in violation of La. R.S. 14:64.1. On October 27, 2009, defendant appeared for arraignment; counsel was appointed to represent him, and he pled not guilty. Defense motions were heard on December 14, 2009. The district court denied Defendant's motions to suppress the evidence and identification. The case proceeded to trial on February 25, 2010....
EDWIN A. LOMBARD, Judge. The third-party plaintiff/appellant, Planet Beach Tanning Salons, Inc. ("Planet Beach"), appeals to this Court a granting of summary judgment in favor of Sybaritic, Inc. ("Sybaritic"), defendant in Planet Beach's third party claim. Planet Beach also appeals the denial of their motion for summary judgment, which was denied in concert with the granting of Sybaritic, Inc.'s motion for summary judgment. For the reasons provided below, we affirm the judgment of the trial...
JOAN BERNARD ARMSTRONG, Chief Judge. The plaintiff-appellant, 4140 Canal Street, L.L.C., appeals the May 12, 2010 judgment in favor of the defendants-appellees, The New Orleans Historic District Landmarks Commission (HDLC) and the City of New Orleans (City), denying its Petition for Injunction seeking to block the designation of its building at 4140 Canal Street as an historic landmark. On September 11, 2009, the New Orleans Historic District Landmarks Commission moved to nominate the...
LOLLEY, J. Plaintiffs, Mark Heacock, individually and as administrator of the estate of his minor child Curtis Heacock, and Margaret Heacock, appeal the judgments of the Fourth Judicial District Court, Parish of Ouachita, Louisiana, which dismissed their claims pursuant to the exceptions of prematurity by the defendants, Douglas Wayne Cook, M.D. and Palmetto Addiction Recovery Center, Inc. The two actions from the trial court have been consolidated on appeal. For the following reasons, we...
DENNIS R. BAGNERIS, SR., Judge. Defendant-Appellant, the Housing Authority of New Orleans ("HANO") appeals from a trial court judgment in favor of Appellee, Hamp's Construction, L.L.C. ("Hamp"), granting a writ of mandamus and preliminary injunction. For the following reasons, we hereby affirm. FACTS On December 16, 2009, HANO issued an invitation for bids, No. 09-130-12-37, HANO SCATTERED SITES REMEDIATION AND DEMOLITION. The bids for this project were opened on February 4, 2010. The...
JOAN BERNARD ARMSTRONG, Chief Judge. The plaintiff, Leonard Keasley, appeals the summary judgment granted by the Workers' Compensation District 8 Hearing Officer on November 6, 2009, dismissing his claim of permanent and total disability. 1 Mr. Keasley filed a disputed claim for workers' compensation benefits against his employer, Transit Management of Southeast Louisiana (hereinafter TMSEL), on November 7, 2002, arising from an accident on November 5, 1991 in which Mr. Keasley was hurt when...
GASKINS, J. In this workers' compensation case, the employer appeals the denial of its motion to dismiss. In its motion, the employer alleged that the claimant failed to obtain a court-ordered neuropathy workup within a reasonable period of time and should be penalized. We affirm in part and amend in part. FACTS In March 2002, the claimant, Patricia Brown, injured her right knee, leg and foot while working for the East Carroll Parish Police Jury. She slipped in a puddle of water at the...
KLINE, J. In this custody case, the trial court, on its own motion, raised the exception of no cause of action 2 and dismissed a nonparent's unopposed petition to share custody of a child with the biological mother. Judgment was signed and petitioner appealed. 3 For the following reasons, we recognize and maintain the no right of action exception and affirm the judgment. STANDARD OF REVIEW and PERTINENT LAW No Cause of Action In reviewing a trial court's ruling sustaining an...
GREMILLION, Judge. The State of Louisiana, through the Department of Wildlife & Fisheries (the department), appeals the summary judgment granted in favor of Joey James, declaring that James, an employee of the department, is entitled to pursue his remedies under the Jones Act, 46 U.S.C. 30104, against the department. For the reasons that follow, we reverse. FACTS James alleged in his petition against the department that he was employed as a Senior Wildlife Enforcement Agent off the coast...
(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge TERRI F. LOVE, Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD, Judge PAUL A. BONIN). Relator, Stephen J. Schmidt, seeks our review of the trial court's denial of his motion to stay the court litigation pending arbitration. 1 After our de novo review of the ruling, we conclude that the trial court erred as a matter of law in denying the motion to stay in order that the matter could be submitted to binding arbitration. Accordingly, we...
MARC E. JOHNSON, Judge. This appeal arises from the granting of a Motion for Partial Summary Judgment in favor of Defendants/Appellees, St. James Stevedoring, LLC and State National Insurance Company (hereinafter collectively referred to as "SJS"), and against Plaintiff/Appellant, Joseph Heath Melton from the 23rd Judicial District Court, Division "B," wherein all claims were dismissed. For the following reasons, we reverse the trial court's judgment and remand the matter to the trial court...
FREDERICKA HOMBERG WICKER, Judge. The matter before us is a partial summary judgment, which the trial judge designated as a final, appealable judgment under La.C.C.P. art. 1915(B). After the record was lodged in our Court, plaintiff/appellee, Leah Robein, filed a pleading entitled "Answer." Irrespective of the title, the pleading clearly seeks the dismissal of the devolutive appeal filed by defendants/appellants, Scotty Assavedo, Mechanical Construction Company, LLC, and Gray Insurance Company....
SUSAN M. CHEHARDY, Judge. On appeal, Ms. Mixter seeks review of the trial court's award of general damages. For the following reasons, we amend and affirm as amended. Facts and Procedural History On April 23, 2008, 1 Ms. Mixter was in a motor vehicle accident, in which her vehicle was rear-ended by a vehicle driven by Mr. David Wilson. At that time, Mr. Wilson was insured by defendant, Allstate Insurance Company ("Allstate"). Later, on the evening of April 23, 2008, Ms. Mixter presented...
