PAINTER, Judge. Defendant, Jon Oliver Downs, appeals the judgment of the trial court awarding Plaintiff, Barbara Escude Lemoine, reimbursement of expenditures made on and rent received for property owned by Downs. DISCUSSION Barbara married John Lemoine in 1974. On April 1, 1995, John donated thirty acres including the family home and improvements to Barbara's grandson, Downs, who was approximately twelve years old at the time. In 1997, John executed a withdrawal of donation relying on Down'...
PARRO, J. In this workers' compensation case, Amclyde Engineered Products Co., Inc. (Amclyde) and its insurer, Louisiana Insurance Guaranty Association (LIGA), 1 appeal a judgment in favor of Floyd D. Dubuisson, who was employed by Amclyde when he fell and sustained injuries. For the following reasons, we affirm the judgment in part and remand in part for further proceedings in accordance with the law and this opinion. BACKGROUND On March 24, 2000, while in the course and scope of his...
MARC E. JOHNSON, Judge. Defendant, Celeste A. Chelette, appeals her conviction of theft of over $500.00 from the 24th Judicial District Court, Division "B". For the following reasons, the conviction and sentence are affirmed, and the motion to withdraw is granted. FACTS 1 AND PROCEDURAL HISTORY The facts of this matter are as follows. On or between July 22, 2007, and August 13, 2010, Defendant committed theft of $103,459.43 from Medical Plaza Hearing, L.L.C., Doctor Herbert Marks and/or...
GAIDRY, J. This is an appeal from a trial court judgment awarding damages for breach of contract. We affirm. FACTS AND PROCEDURAL HISTORY Riverside Recycling, L.L.C. ("Riverside") operates a mulch processing facility. BWI Companies, Inc. ("BWI") is a distributor of nursery and garden products. In October of 2009, BWI sent Riverside purchase orders for 150 loads of aged pine bark mulch, which were to be delivered from Riverside directly to BWI's customer, Saxon Becnel & Sons ("Saxon Becnel")...
GUIDRY, J. The disabled victim of a motorcycle accident, through her curator, appeals a judgment denying claims for reimbursement of certain expenses from a fund established to pay medically-necessary expenses related to her injury. FACTS AND PROCEDURAL HISTORY While riding as a passenger on a motorcycle on June 13, 2005, Patricia Lathrop-Paulsell was involved in an accident, which caused her to sustain traumatic brain injuries that left her in a minimally-responsive, vegetative state. As a...
FREDERICKA HOMBERG WICKER, Judge. In this criminal proceeding, defendant appeals his convictions for second degree murder and conspiracy to commit aggravated burglary claiming that the evidence presented at trial was insufficient to support his convictions. Defendant further claims that the trial court impermissibly commented on the evidence and allowed unreliable expert testimony to be presented at trial. For the reasons discussed herein, we affirm defendant's convictions and sentences....
WHIPPLE, J. In this consolidated workers' compensation matter, claimant, Marshall Price, appeals from a judgment of the Office of Workers' Compensation ("OWC"). For the following reasons, we affirm the December 2, 2011 judgment. FACTS AND PROCEDURAL HISTORY Claimant filed two disputed forms for compensation alleging three separate work-related incidents that occurred while he was employed as a police officer with the City of Ponchatoula for which he allegedly sustained injuries. The matters...
McCLENDON, J. A landowner seeks review of a trial court judgment that allowed its neighboring landowner's pier "to remain as constructed," contending that the neighboring landowner's pier has limited its waterway access and has caused it damage. In answer to the appeal, the neighboring landowner seeks review of the trial court judgment to the extent it denied his reconventional demand seeking recovery for damages to his property. For the reasons that follow, we affirm that portion of the...
GAIDRY, J. In this suit for judicial review of a licensing board decision, the board appeals a judgment modifying its order revoking a license. For the reasons that follow, we reverse. FACTS AND PROCEDURAL HISTORY Dawn Chadwick, a licensed professional counselor, was appointed by the district court in September of 2006 to perform a custody evaluation in a suit for custody of a minor child where there were allegations of sexual abuse of the minor child by the child's mother and her boyfriend (...
WHIPPLE, J. Defendant, Maximum Leisure, LLC ("Maximum Leisure") appeals the judgment of the Office of Workers' Compensation ("OWC"), finding that claimant, Jason Courtney, was an employee of Maximum Leisure at the time of his accident and awarding Courtney indemnity benefits, medical expenses, and penalties and attorney's fees due to Maximum Leisure's failure to timely pay indemnity and medical benefits. For the following reasons, we affirm in part and amend in part. FACTS AND PROCEDURAL...
GAIDRY, J. In this suit involving injuries resulting from an automobile accident, the plaintiff appeals a summary judgment dismissing her claims against two defendants. We affirm. FACTS AND PROCEDURAL HISTORY This suit arises from a December 10, 2007 automobile accident which occurred when a van owned by Deron Carey and operated by Darryle Tate rear-ended a vehicle driven by Tina Williams, causing Williams' vehicle to collide with the driver's side of a vehicle driven by Matilda Robicheaux....
PETTIGREW, J. This is an appeal from a workers' compensation dispute wherein the workers' compensation judge ("WCJ") found that claimant failed to carry her burden of proof that her work-related accident aggravated a preexisting lumbar condition, caused injury to her knee, or aggravated her mental condition. From a dismissal of her claim with prejudice, claimant has appealed. We affirm. Claimant, Sheila Vicknair, was employed as a cashier at Wal-Mart Stores, Inc. ("Wal-Mart") when she tripped...
MAX N. TOBIAS, JR., Judge. The appellant, Philippe Uson ("Uson"), appeals a final judgment rendered in favor of the appellee, Bourbon Nite-Life, L.L.C. ("BNL"), sustaining BNL's exception of no right of action, dismissing with prejudice all of the claims in Uson's reconventional demand brought against BNL. Uson also appeals the denial of his related motion for new trial. For the following reasons, we affirm the trial court's judgments. I. In December 2003, BNL entered into a management...
ROSEMARY LEDET, Judge. In this case, both the defendant, City of New Orleans ("the City"), and the plaintiff, Miccol Enterprises, Inc. ("Miccol"), filed motions for summary judgment seeking to resolve the issue of whether the administrative judgment of blight and public nuisance against Miccol is a valid judgment or a nullity. The district court granted Miccol's motion for summary judgment and denied the City's cross motion for summary judgment, finding that the original "Notice of Violation...
DANIEL L. DYSART, Judge. In this consolidated matter, defendant/appellant, Leon J. Gibert, Jr. ("Gibert"), appeals a trial court judgment quieting the title of plaintiff/appellee, Cititax Group, L.L.C. ("Cititax") and declaring Cititax to be the sole owner of property bearing the municipal address of 3635 Iberville Street in New Orleans, Louisiana. For the following reasons, we reverse. FACTUAL BACKGROUND In March 2, 2010, Cititax filed a Petition to Quiet Title ("Petition") on property...
EDWIN A. LOMBARD, Judge. The plaintiff, Stanley Szymanski, appeals the summary judgment rendered in favor of defendant American Modern Home Insurance Company (American Modern). After de novo review, we find that American Modern is entitled to judgment as a matter of law and affirm the judgment of the trial court. Relevant Facts On or about June 27, 2010, the plaintiff was allegedly injured while being pulled on an inflatable tube by a jet ski. He filed this lawsuit on June 6, 2011, naming...
BROWN, Chief Judge. The State of Louisiana through the attorney general filed this action against the Town of Jonesboro seeking the appointment of a fiscal administrator for the Town and the issuance of injunctive relief to prevent the Town, its agents, employees, or others acting on its behalf from incurring debts or obligations, paying debts or obligations, and hiring or contracting without the express approval of the fiscal administrator. Judgment was rendered by the trial court granting...
FREDERICKA HOMBERG WICKER, Judge. Shaveen Ray Hill, defendant, pled guilty on June 5, 2009 to two counts of possession with intent to distribute cocaine in violation of La. R.S. 40:967(A)(1). Defendant now appeals, arguing that the trial court erred both by denying his motion to continue his sentencing hearing and by imposing an unconstitutionally excessive sentence. For the following reasons, we find defendant's assignments of error to be without merit. Therefore, this Court affirms the...
SUSAN M. CHEHARDY, Judge. On appeal, defendant challenges the trial court's denial of his motion to suppress evidence. For the following reasons, we affirm. Procedural history On February 13, 2012, the Jefferson Parish District Attorney filed a bill of information charging defendant, Cesar Morales, with possession of cocaine, in violation of La. R.S. 40:967(C). Trial of the matter occurred on May 2, 2012, wherein the six-person jury found him guilty as charged. After waiving statutory...
GENOVESE, Judge. In this workers' compensation case, Plaintiff/Employee, Cynthia Duplechain, appeals the judgment of the Office of Workers' Compensation (OWC) finding that she was not entitled to temporary total disability benefits (TTD), supplemental earnings benefits (SEB), or cervical and lumbar surgeries. Ms. Duplechain also appeals the penalty and attorney fee awards and seeks additional attorney fees for work done on appeal. Defendant/Employer, Town of Church Point (Church Point), has...
