MARC E. JOHNSON , Judge . Defendant/Appellant 1 , Johnson Property Group, LLC (hereinafter referred to as "JPG"), appeals the partial summary judgment granted in favor of Plaintiff/Appellee, Woodlands Development, LLC (hereinafter referred to as "Woodlands"), regarding the sale of immovable property rendered in the 24th Judicial District Court, Division, "J". For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY This case has been to this Court on three prior appeals. The...
MARC E. JOHNSON , Judge . Defendants/Appellants, The Krewe of Argus, Inc. (hereinafter referred to as "Argus") and Certain Underwriters at Lloyd's of London (hereinafter referred to as "Lloyd's"), appeal the summary judgment in favor of Plaintiff/Appellee, the City of Kenner (hereinafter referred to as "the City") on the issue of insurance coverage rendered in the 24th Judicial Court, Division "N". For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY This matter arises from...
SAVOIE , Judge . Plaintiff Regina Williams appeals the judgment of the trial court granting Defendant Brookshire Grocery Company's (Brookshire) Motion for Summary Judgment and dismissing her claims in their entirety. For the following reasons, we affirm the trial court's judgment. FACTS On May 2, 2012, Ms. Williams was shopping with her daughter at a Super 1 Foods owned and operated by Brookshire and located in New Iberia, Louisiana. She noticed a wet floor sign while she was walking...
WILLIAMS , J. The defendant, Cortez Pratt, was charged by bill of information with armed robbery, in violation of LSA-R.S. 14:64. Following a jury trial, he was found guilty as charged. Thereafter, he was adjudicated a third-felony offender and was sentenced to serve 70 years in prison at hard labor. He was also ordered to pay court costs or serve 30 days in parish jail in lieu of payment. For the following reasons, we affirm the defendant's conviction. We amend the defendant's sentence to...
EDWIN A. LOMBARD , Judge . The Appellant, 1026 Conti Condominiums, LLC, ("Conti"), seeks review of a December 16, 2014 judgment of the district court denying it a predial servitude of parking on the property of the Appellee, 1025 Bienville, LLC ("Bienville"). Moreover, in its Answer to Appeal, Bienville seeks review of the district court's grant of a predial servitude of access and passage to Conti. Finding that the judgment of the district court is not manifestly erroneous, we affirm....
JOY COSSICH LOBRANO , Judge . This case arises from a so-called "quick-taking" of property owned by defendant/appellee, Michael P. Villavaso ("Villavaso"). The Board of Supervisors of Louisiana State University Agricultural and Mechanical College ("LSU") filed a Petition for Expropriation in the Civil District Court for the Parish of Orleans against Villavaso on April 8, 2011, pursuant to La. R.S. 19:1, et seq. and 19:141, et seq., to facilitate the construction of a new academic...
EDWIN A. LOMBARD , Judge . The Appellants, Kyle and Christine Smith ("the Smiths"), seek review of two district court judgments: a September 8, 2014 judgment granting an injunction in favor of the Appellees, Lakewood Property Owners Association ("LPOA") 1 and Mark Samuels ("Mr. Samuels"); and a December 16, 2014 judgment granting the Appellees' costs in the amount of $3,960. Furthermore, the Appellees have filed an Answer to the Appeal asserting that the amount of costs awarded to them...
Fredericka Homberg Wicker , Judge . Defendant, Raymond Martin, appeals his conviction and sentence as a second felony offender in violation of La. R.S. 15:529.1. Defendant's appointed counsel has filed an appellate brief pursuant to Anders v. California 1 and has further filed a motion to withdraw as counsel of record. For the following reasons, we affirm defendant's conviction and sentence and grant counsel's motion to withdraw. STATEMENT OF THE CASE On July 12, 2012, the Jefferson...
HANS J. LILJEBERG , Judge . Plaintiffs-Appellants, Betty Arcement, Virginia DiMarco, Mary Bradley Doris, Porter Edwards, Jr., Joan Haas Folse, Wynesta Gaston, Shirley Jackson, Hayes J. Lepine, Carla Simmons, Kieron Walker and Carol Walters, appeal the trial court's judgments which denied their voluntary motions to dismiss their wrongful death causes of action with prejudice, and instead granted a motion for summary judgment and dismissed their claims with prejudice against defendants-...
STEPHEN J. WINDHORST , Judge . Plaintiff, Teen Town Productions, LLC. ("Teen Town"), filed suit against defendants, John T. Scurlock, Sr. and Management and Rentals, Inc. ("Mr. Scurlock"), 1 for damages for breach of lease agreement and conversion. By supplemental petition, Teen Town asserted violations of the Unfair Trade Practices Act, and prayed for damages and treble penalties. Mr. Scurlock filed a reconventional demand for past due rent payments and payments for products leased....
SUSAN M. CHEHARDY , Chief Judge . On appeal, the appellant seeks review of the trial court's ruling maintaining defendants' exception of no cause of action. For the following reasons, we affirm. Facts and Procedural History On September 26, 2012, a fatal fire occurred at the Willow Creek Apartments 1 in Grand Isle, Louisiana. As a result of that fire, two occupants of the apartments, Belle Christin Brandi and Timothy Joseph Foret, were killed. On September 25, 2013, three of Mr. Foret'...
MARC E. JOHNSON , Judge . This is a tort action arising out of a motor vehicle accident. Plaintiff appeals the trial court's granting of summary judgment in favor of Affirmative Insurance Company ("Affirmative"), finding there was no insurance coverage to Plaintiff for his loss because of an exclusion in the policy for unlicensed drivers. For the following reasons, we affirm. FACTS & PROCEDURAL HISTORY Plaintiff, Darryl Parker, filed suit seeking damages for property and personal...
JUDE G. GRAVOIS , Judge . Plaintiffs, Thelma and Richard Berry, appeal a judgment in favor of defendant, the Parish of Jefferson, finding that the Parish's action in calling for a zoning and land use study of a 23-acre area in Terrytown, Louisiana, that included the Berrys' immovable property, which ultimately resulted in rezoning of the Berrys' property, was not arbitrary and capricious, and thus did not constitute a regulatory taking of the Berrys' property. For the following reasons, we...
STEPHEN J. WINDHORST , Judge . Appellant, Frederick Helwig, seeks review of the January 21, 2015 judgment granting appellees', Charles Bernard, Superior Plumbing & Heating, Inc., and H.P.B., Inc., motions for summary judgment dismissing his claims. 1 For the reasons that follow, we affirm. Facts and Procedural History Appellant filed this petition for damages contending he suffered injuries on November 2, 2012, at approximately 10:30 P.M., when he fell into a hole created by appellees...
HANS J. LILJEBERG , Judge . Plaintiff-Appellant, Harold Bowie, appeals the trial court's decision to grant the motion for summary judgment filed by defendants-appellees 1 which dismissed all of his claims with prejudice, rather than grant plaintiff's voluntary motion to dismiss his wrongful death cause of action with prejudice. Plaintiff does not contest the merits of the trial court's decision to grant summary judgment. Rather, he contends the trial court had no discretion to refuse to...
HANS J. LILJEBERG , Judge . Plaintiffs-Appellants, Genece Baker and Joyce J. Johnson, 1 appeal the trial court's judgments which denied their voluntary motions to dismiss with prejudice, and instead granted motions for summary judgment and dismissed their claims with prejudice against defendants-appellees, Exxon Mobil Corporation, Exxon Mobil Oil Corporation, Humble Incorporated, ConocoPhillips Company, Chevron U.S.A., Inc., Texaco, Inc., Union Oil Company of California, American Oil...
MARC E. JOHNSON , Judge . Plaintiffs/Appellants, Dayna Montz and Dwayne Montz, appeal the dismissal of their medical malpractice action with prejudice in favor of Defendant/Appellee, Dr. Katherine Williams, from the 40th Judicial District Court, Division "A". For the following reasons, we vacate the jury verdict, reverse the dismissal of Appellants' action, and remand the matter for a new trial. FACTS AND PROCEDURAL HISTORY Mrs. Montz was a patient who had a complicated and extensive...
STEPHEN J. WINDHORST , Judge . Plaintiff appeals from the trial court's ruling granting defendants' exceptions of no cause of action and dismissing its petition with prejudice. For the following reasons, we affirm the judgment of the trial court. This is plaintiff's second appeal. Plaintiff, On Leong Chinese Merchants Association ("On Leong"), a Louisiana non-profit corporation, filed a possessory action against defendants, AKM Acquisitions, L.L.C. ("AKM"). Aaron Motwani, and Marcus Guisti,...
NOT DESIGNATED FOR PUBLICATION WHIPPLE , C.J. This matter is before us on appeal by plaintiff in a lawsuit arising out of a multi-vehicle, multi-collision accident. Plaintiff appeals a partial summary judgment granted in favor of defendants, dismissing plaintiff's claims related to any alleged mental and/or emotional injuries sustained by plaintiff as a result of plaintiff seeing the deceased body of the driver of another vehicle involved in the accident. We find that the trial court...
HIGGINBOTHAM , J. This case involves a surviving spouse's entitlement to a marital portion under La. Civ. Code Art. 2432. FACTS AND PROCEDURAL HISTORY Mrs. Diane Seal and Mr. Wendell Seal were married on June 1, 1998, and established their matrimonial domicile at Mr. Wendell Seal's home located at 26365 Kendalwood Rd. in Baton Rouge, Louisiana. They resided there until Mr. Wendell Seal's death on September 21, 2007. In Mr. Wendell Seal's last will and testament he bequeathed the entirety...
