SUSAN M. CHEHARDY, Judge. This is a dispute over child custody. The mother challenges the district court's judgment that maintained a 50/50 custody arrangement. She asks us to reverse the trial court's judgment and to designate her as the primary domiciliary parent. We affirm. FACTS Kathleen McGuinness Beaudion ("Kathleen") filed for divorce from Robert Gregory Beaudion ("Greg") in January 2004. She requested that she be designated primary domiciliary custodian of the couple's triplet girls,...
MARC E. JOHNSON, Judge. This appeal arises from the sustaining of peremptory exceptions of no right of action and no cause of action against Appellant/Plaintiff, Alan Whitesides, and in favor of Defendant, Wellington Specialty Insurance Company ("Wellington"), in the 24th Judicial District Court, Division "B". For the reasons that follow, we affirm. FACTS AND PROCEDURAL HISTORY Mr. Whitesides formed Show-Me Construction, L.L.C. ("Show-Me") for the purpose of doing business repairing and...
FREDERICKA 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...
CLARENCE E. McMANUS, Judge. Defendant, Steven Holden, appeals his conviction of two counts of armed robbery while armed with a firearm. For the reasons which follow, we affirm defendant's convictions, but vacate the habitual offender sentence and remand for resentencing. STATEMENT OF THE CASE On November 6, 2009, the Jefferson Parish District Attorney's Office filed a bill of information charging the defendant, Steven Holden, and co-defendants, John Robinson and Chadwick Walton, with two...
MARION F. EDWARDS, Chief Judge. Defendants/appellants, Louis M. Piazza and Vivian B. Piazza, appeal the district court's judgment granting an Exception of No Right of Action and dismissing their claim for return of excessive attorney's fees. We affirm for the reasons that follow. Paul Piazza & Son, Inc. ("P & S") is a closely held corporation engaged in the processing and wholesale distribution of seafood in southeast Louisiana. Until early 2007, P & S was owned by members of the Piazza...
JUDE G. GRAVOIS, Judge. Nicole Hernandez appeals from a judgment granting her former husband, Reynold Hernandez's, motion to decrease and modify child support, arguing that the trial court erred in finding that Reynold bore his burden of proof that there was a change in circumstances warranting a modification of his child support obligation. Nicole also argues on appeal that the trial court erred in not including the expenses of private school in the child support calculations. For the reasons...
MARION F. EDWARDS, Chief Judge. Plaintiffs/appellants, Barbara Drury, individually and as administratrix of the estate of her minor daughter, Amber Drury, and Brian Winkler ("Winkler"), appeal summary judgment granted in favor of the defendant/appellee, the Parish of Jefferson. The matter involves an auto accident that occurred on October 14, 2005. On that date, at approximately 10:14 p.m., Amber Drury was operating her vehicle and attempting to cross Veterans Memorial Boulevard at the...
JUDE G. GRAVOIS, Judge. Plaintiff, Toni Nizzo, appeals two judgments of the trial court. The first judgment granted defendant, Phyllis Forest Wallace's, motion for partial summary judgment, reasoning that Nizzo could not withdraw the parties' previous stipulation that Wallace was in the course and scope of her employment at the time she allegedly committed a tort against Nizzo. The second judgment granted Wallace's motion for summary judgment, effectively dismissing Nizzo's tort suit against...
WALTER J. ROTHSCHILD, Judge. Shannon Cashman appeals the trial court's November 8, 2010 judgment, granting the Peremptory Exception of Peremption filed by Schonekas, Winsberg, Evans, & McGoey, L.L.C. and Marc Winsberg, and dismissing Ms. Cashman's claims against them. For the following reasons, we affirm in part and reverse in part. STATEMENT OF THE CASE Marc Winsberg, who was a partner in the law firm of Schonekas, Winsberg, Evans, & McGoey, L.L.C. ("Schonekas"), represented Shannon...
CLARENCE E. McMANUS, Judge. This is an appeal by Andrew Celestin from the trial court's judgment finding he is not a forced heir in the succession of his father, Willie Celestin, Jr. For the reasons which follow, we affirm the trial court's judgment. STATEMENT OF THE CASE Willie Celestin, Jr. executed a last will and testament on October 18, 1993. Celestin died on March 22, 2001. On March 22, 2010, Andrew Celestin, son of Willie Celestin, Jr., filed a Petition to Search for Will and...
MARION F. EDWARDS, Chief Judge. At issue in this appeal is the validity of a forum selection clause contained in a Time Charter/Service Contract between the plaintiff/appellant, Aquatic Lodging, L.L.C. ("Aquatic"), and the defendant/appellee, Bayou Boys Boat Rental, L.L.C. ("Bayou Boys"). The trial court upheld the clause and sustained an exception of improper venue filed by Bayou Boys. Aquatic appeals that judgment. We reverse and remand. In July 2010, Aquatic and Bayou Boys entered into a...
CLARENCE E. McMANUS, Judge. STATEMENT OF THE CASE On April 13, 2009, the Jefferson Parish District Attorney's Office charged defendant, James Veal, by bill of information with two counts of distribution of cocaine (Counts I and II), in violation of LSA-R.S. 40:967(A). Defendant pled not guilty to the charges on April 14, 2009. On May 12, 2009, defendant filed omnibus pre-trial motions. On September 30, 2009, the first day of trial, defendant filed a written motion to declare LSA-C.Cr.P. art....
MARION F. EDWARDS, Chief Judge. Defendant/appellant, Hung V. Nguyen ("Nguyen"), appeals his conviction of aggravated rape in violation of La. R.S. 14:42 (Count 1) and unauthorized use of a motor vehicle in violation of La. R.S. 14:68.4 (Count 2). He was indicted by the grand jury of these crimes on October 8, 2009. At his arraignment, Nguyen pled not guilty to both crimes. On February 22, 2010, without objection, the indictment was amended to correct Nguyen's birthdate and, on that date,...
JUDE G. GRAVOIS, Judge. Defendant, Ivory Franklin, has appealed his conviction of second degree murder. For the reasons that follow, we affirm. FACTS On the morning of September 14, 2004, defendant was picked up by his friend, Steven Thomas, and brought to Thomas' apartment on Alex Korman Boulevard on the westbank of Jefferson Parish. Throughout the day, numerous other people were inside the apartment and in the area around the apartment. Defendant and Thomas began drinking alcoholic...
CLARENCE E. McMANUS, Judge. Defendant, Rigoberto Funes was charged with four counts of second degree murder 1 . After count II of the indictment was quashed, defendant proceeded to trial on counts I, III and IV 2 . Defendant was found guilty on all three counts by a jury verdict of eleven to one. Thereafter, defendant was sentenced to life imprisonment on each count, consecutive, to be served without benefit of probation, parole or suspension of sentence. After the denial of his motion to...
FREDERICKA HOMBERG WICKER, Judge. This is an appeal by Lucien Miranne, Jr., defendant/appellant, from the judgment totaling $435,513.69, with interest, in favor of Christopher Ezzell, plaintiff/appellee, in his intentional delictual action. Ezzell has also answered the appeal. For the following reasons, we award Ezzell an additional $75,000 for future pain and suffering. In all other respects, the judgment is affirmed. Facts and Procedural History The underlying facts, i.e., that Miranne...
MARC E. JOHNSON, Judge. This is an appeal by Karen Pleasure, plaintiff-appellant, from a judgment sustaining exceptions of prematurity urged by Louisiana Organ Procurement Agency (LOPA) and West Jefferson Medical Center (WJMC), and also sustaining an exception of prescription urged by Southern Eye Bank. For the following reasons, we affirm the judgments. These cases arise out the death of plaintiffs husband at WJMC on February 8, 2008, after suffering a heart attack. One year later, plaintiff...
KUHN, J. Nicholas Lorusso appeals the declaratory decision of the Board of Ethics, functioning as the Supervisory Committee on Campaign Finance Disclosure (the Board), wherein it declared that he was not permitted to amend the report he timely submitted to the Board as required by the Campaign Finance Disclosure Act 1 to reflect that a $30,000.00 payment by him to his campaign for election to the state house of representatives was a loan rather than a contribution. For the reasons that follow,...
SUSAN M. CHEHARDY, Judge. In his second appeal, defendant/appellant challenges his conviction for armed robbery. For the following reasons, we affirm defendant's conviction and sentence. Procedural History On August 12, 2005, the Jefferson Parish District Attorney filed a bill of information charging Terrance M. Williams with one count of armed robbery, in violation of La. R.S. 14:64, and one count of felon in possession of a firearm, in violation of La. R.S. 14:95.1. The State subsequently...
MICHAEL E. KIRBY, Judge. This matter is a consolidation of four separate appeals by 2330 Palmyra Street, L.L.C. ("2330 Palmyra Street"); PFD Two, L.L.C. (f/k/a Nora Two, L.L.C.) ("PFD Two"); 2226 Canal Street, L.L.C. ("2226 Canal Street"); and 2300 Canal Street, L.L.C. ("2300 Canal Street"). The appellants are four property owners 1 whose properties were expropriated by the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College ("Board of Supervisors" or "...
